Watching the Shadows

Holder announces federal trials for accused 9-11 conspirators

US Attorney General Eric Holder on Nov. 13 announced that the government will pursue federal charges against five men accused of conspiring to commit the 9-11 terrorist attacks. Khalid Sheikh Mohammed, Ramzi Bin Al Shibh, Walid Bin Attash, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsawi—all currently detained at Guantánamo Bay—will be tried in a Manhattan district court by prosecutors from the Southern District of New York and the Eastern District of Virginia. Holder said that he recommended that the men be tried in civilian court after a case-by-case review conducted by the Department of Justice and the Department of Defense according to a new protocol announced in July. Addressing concerns that the civilian court system would be unable to prosecute high-level terrorism cases, Holder said he is "confident in the ability of our courts to provide these defendants a fair trial, just as they have for over 200 years."

ACLU suit charges FBI involvement in "rendition" of US citizen

The American Civil Liberties Union (ACLU) filed suit Nov. 10 on behalf of US citizen Amir Meshal, alleging that FBI agents were involved in his interrogation and rendition in Somalia, Kenya, and Ethiopia in 2007. The suit, filed in the US District Court for the District of Columbia, alleges that agents repeatedly threatened Meshal with torture, disappearance, and execution in order to force him to acknowledge ties with al-Qaeda. Meshal was originally detained in Kenya while fleeing fighting in Somalia. After being held in Kenya, Meshal was returned to Somalia and eventually taken to Ethiopia where he was held until his release in May of 2007. No charges were ever filed against Meshal. (Jurist, Nov. 11)

Gitmo Uighurs seek Supreme Court review of transfer process

Lawyers for four Chinese Muslim Uighurs detained at Guantánamo Bay filed a petition with the US Supreme Court Nov. 10, raising issues with the policy for transferring detainees from the facility. The case, known as Kiyemba II, is an appeal from an April ruling by the US District Court for the District of Columbia, and is separate from a case that the Court agreed to hear last month, known now as Kiyemba I. A critical issue raised in the appeal is whether a federal court can require the government to give 30 days notice before detainees can be transferred out of Guantánamo. This period would give the detainees time to bring any claims such as persecution or torture in US courts before they are transferred to locations outside of federal court jurisdiction. (Jurist, Nov. 11)

Conspiracy vultures descend on Fort Hood shootings

Maj. Nidal Malik Hasan, the presumed gunman in the deadly Fort Hood shootings, worshipped at Dar al-Hijrah mosque in Great Falls, VA, led by a radical imam said to be a "spiritual adviser" to three of the apparent 9-11 hijackers—two of whom attended the mosque at the same time as Hasan, the UK's Sunday Telegraph reported Nov. 7. The funeral of Hasan's mother was held there in May of the same year, 2001. The preacher at the time was Anwar al-Awlaki, an American-born Yemeni scholar who was banned from addressing a meeting in London by video link this August because he is accused of supporting attacks on British troops and backing terrorist organizations.

Italian court convicts 23 ex-CIA agents in rendition trial

Judge Oscar Magi of the Fourth Chamber of the Court of Milan Nov. 4 convicted 23 former CIA agents for the 2003 kidnapping and rendition of Egyptian terror suspect Osama Moustafa Hassan Nasr. The nearly three-year trial, which was delayed many times, is the first in the world involving the CIA's extraordinary rendition flights. Former Milan CIA station chief Robert Seldon Lady was sentenced to eight years in prison, while 22 other Americans were sentenced to five years. Magi acquitted three other Americans, finding diplomatic immunity, and five Italian operatives, due to Italy's withholding of evidence because of national security issues.

Feds settle in suit over post-9-11 detainments

The federal government has agreed to pay $1.2 million to settle the cases of five Muslim immigrants were among hundreds detained without charge in Brooklyn's Metropolitan Detention Center for months after 9-11. The plaintiffs—whose names were cleared but were still deported—accepted the payout after seven years of court cases. A larger suit filed by other detainees, Turkmen v. Ashcroft, is ongoing. The government admits no liability or fault under the terms of the settlements.

Second Circuit again dismisses Arar rendition suit

The US Court of Appeals for the Second Circuit ruled Nov. 2 that Canadian citizen Maher Arar cannot sue the US government for damages based on his detention in the United States and subsequent detention, interrogation, and torture in Syria after he was mistakenly identified as a terrorist. Arar attempted to challenge the US government's policy of extraordinary rendition under the Torture Victim Protection Act and the Fifth Amendment of the US Constitution.

Six Uighur Gitmo detainees released to Palau

Six Chinese Uighur Guantánamo Bay detainees were transferred to the Republic of Palau Oct. 31, according to the US Department of Justice. The six men, Ahmad Tourson, Abdul Ghappar Abdul Rahman, Edham Mamet, Anwar Hassan, Dawut Abdurehim and Adel Noori, were relocated to a home in the middle of Koror, the commercial center of the island nation, where they will be among a Muslim population of about 500. The DoJ said the men had been cleared for release under the Bush administration, as they were no longer considered unlawful enemy combatants. The men had also been subject to review by the Joint Task Force for Guantánamo detainees, and were approved for release. With the transfer, seven Uighurs remain in custody at Guantánamo.

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