Khalid Sheikh Mohammed

My analysis of the hugely important ruling in the military commissions at Guantánamo by Judge Matthew McCall, the military judge in the 9/11 trial, who has ruled that defense secretary Lloyd Austin had no right to revoke the plea deals that were agreed three months ago with three of the men charged in connection with the 9/11 attacks — Khalid Shaykh Mohammad, the alleged mastermind of the attacks, and two of his alleged accomplices, Walid bin Attash, and Mustafa Al-Hawsawi. The plea deals, which took the death penalty off the table in exchange for life imprisonment, and, crucially, involved confessions from the three men that would constitute some kind of closure for the 9/11 victims’ families, took two and a half years to negotiate and arrange, after prosecutors finally recognized that the torture to which the men were subjected in CIA “black sites” was so horrific that it made the notion of successful prosecutions fundamentally unviable. Judge McCall forensically analyzed Lloyd Austin’s revocation of the plea deals, and found, unerringly, that he had no right to do, having handed responsibility to the Convening Authority, retired US Army Brigadier General Susan Escallier (previously the Chief Judge in the US Army Court of Criminal Appeals), who had full authority to approve them. It is to be hoped that the government doesn’t appeal, as it is threatening to do, because the plea deals are the only way to bring to an end a broken process, fatally infected by the use of torture, that has been mired, for the last 12 years, in seemingly endless pre-trial hearings with no trial date in sight.

My analysis of the shameful news that, just two days after plea deals were announced in the cases of three of the men charged in connection with the 9/11 attacks — whereby the death penalty would be dropped in exchange for guilty pleas and the promise of life sentences instead — defense secretary Lloyd Austin has revoked those plea deals. The three men include Khalid Shaikh Mohammad, the alleged mastermind of 9/11, and the plea deals provided what appears to be the only viable conclusion to the legal impossibility of successful prosecuting them after their torture for three and a half years in various CIA “black sites.” Efforts to prosecute them have been ongoing since 2008, but are primarily stuck in a kind of “Groundhog Day,” because the men’s lawyers correctly seek to expose the torture to which they were subjected, while prosecutors seek to hide it, although over the last two years prosecutors have been working towards the plea deals, having apparently accepted that successful prosecutions are impossible. Austin’s capitulation — to Republican criticism, and to what appears to be the Democrats’ own commitment to a type of endless vengeance when it comes to the “black site” prisoners — is therefore a deplorable failure to accept the compromises needed to bring this sordid chapter in US history to an end, as well as to provide the remaining prisoners with adequate physical and mental health treatment, as required under international humanitarian law, and it is to be hoped that his “undue command influence” will be successfully challenged in court.

My reflections on Guantánamo and 9/11 on the 21st anniversary of the terrorist attacks, which led to two failed wars, the CIA’s torture program, and, of course, the establishment of the prison at Guantánamo Bay, the enduring symbol of the US’s shameful and lawless response to the 9/11 attacks, where 36 men are still held, most of whom have never been charged with crime. Also included is a video of my discussion about 9/11 and Guantánamo with Inayat Wadee of Salaamedia in South Africa. Ironically, the men held who were allegedly responsible for the attacks have still not been successfully prosecuted, because of the torture to which they were subjected, while, alarmingly for the old men who still want to keep the “war on terror” alive, no one under 25 even remembers 9/11, and in many cases don’t even know what happened that day.

Here’s my report on the US military’s announcement that it has closed the secretive Camp 7 at Guantánamo, where the so-called “high-value detainees” were held, and has moved them to Camp 5 instead. Camp 7 had been falling apart for years, but moving these men is no solution to Guantánamo’s larger problems: that the men held there should either be tried via a functional judicial system, or released.

Good news for a change, as Uzair Paracha, convicted of terrorism-related charges in 2005, and given a 30-year sentence, has been freed and repatriated to Pakistan. In 2018, the judge who presided over his initial trial ordered a new trial after concluding that allowing the existing conviction to stand would be a “manifest injustice,” a decision based on serious doubts about the veracity of testimony against him that had been provided by prisoners at Guantánamo, previously held in CIA “black sites,” including Khalid Sheikh Mohammed. Sadly, although Uzair has been freed, his father, Saifullah, held on the basis of similar discredited testimony, is still held at Guantánamo, with no sign of when, if ever, he too will be freed.

Marking the 17th anniversary of the “torture memos,” written by John Yoo and approved by Jay S. Bybee, I look at how the US’s decision to embark on a torture program continues to undermine justice, as defense lawyers for the men accused of involvement in the 9/11 attacks are taking exception to claims that the use of torture on their clients can be sidestepped because “clean teams” of FBI agents later interrogated them non-coercively. The lawyers claim – and have evidence to back it up – that actually the “clean teams” were working quite closely with the CIA throughout the whole process.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.   I wrote the following article […]

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.   I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary […]

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.   I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary […]

It’s the start of my latest quarterly fundraiser. Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.   Today, as we remember the terrible terrorist attacks of September 11, […]