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-Caveat Lector-

Via NY Transfer News Collective  *  All the News that Doesn't Fit


Terror Trials, US Secrecy and the Press

[Yesterday's mainstream news was full of reports about this retrial. Most
reported early in the day that the 38-year-old son of a woman killed in the
Twin Towers on 9/11 was in attendance, furious at comments by the defense
about torture at Guantanamo. The defense attorney was referring to the fact
that the US had refused originally to provide witnesses who were in their
custody to the original trial, on grounds of security, which was the reason
for the original conviction being overturned.  Now, he said, the whole
proceeding was mired in "a swamp of toture," so that anything witnesses said
(even if the US agreed to provide them) would be unreliable since they'd
been held incommunicado and without charges in deplorable conditions at
Guantanamo for more than two years.

Later in the day the US issued a statement that they will STILL not permit
witnesses held at Guantanamo to testify, they will not even provide
transcripts of interrogations of these potential witnesses, they will not
permit interrogators to testify, but they were willing to provide censored
portions of transcripts and summaries of interrogations. The defense,
obviously, considers these totally inadequate.

Readers of the mainstream press could be forgiven for confusion about
this trial.  The New York Times headline said "US to Provide Evidence"
to German Court.  The Washington Post headline said "US Refuses to
Provide Intelligence Evidence" to the trial.  It's anyone's guess
if this trial will end any more conclusively than the first.--NY Transfer]

sent by Walter Lippmann (cubanews)

Only Convicted Sept. 11 Suspect's German Retrial Opens

DOW JONES NEWSWIRES

August 10, 2004 4:00 a.m.

HAMBURG (AP)--The retrial of the only suspect in the Sept.
11 attacks on the U.S. ever convicted opened Tuesday with
the U.S. under pressure to allow testimony by alleged key
al-Qaida operatives in its custody.

Mounir el Motassadeq, a 30-year-old Moroccan charged with
aiding the three Hamburg-based suicide hijackers, won a new
trial in March after a German appeals court ruled his first
one unfair because the U.S.-held witnesses did not testify.

El Motassadeq, who denies the charges, was released from
prison in April when the Hamburg state court decided there
was no longer sufficient suspicion that he was guilty of
more than 3,000 counts of accessory to murder to hold him
pending retrial.

His conviction on those charges and for membership in a
terrorist group were overturned by the appeals court,
making the quest for testimony from the witnesses -Ramzi
Binalshibh and Khalid Shaikh Mohammed - critical to
Germany's second attempt to convict him.

Binalshibh, a Yemeni, is believed to have been the Hamburg
cell's key contact with Osama bin Laden's al-Qaida
organization. Mohammed is thought to be the mastermind of
the Sept. 11 attacks.

El Motassadeq smiled but said nothing as he entered the
court Tuesday.

His lawyer said before the retrial opened that he would
maintain his client's innocence when the retrial opens,
then ask the court to drop the proceedings on the grounds
that past experience shows el Motassadeq will not get a
fair trial.

Lawyer Josef Graessle-Muenscher told The Associated Press
he will argue that torture "underlies the interrogation
system of the United States," making any evidence from
Binalshibh or Mohammed inadmissible even if it is provided.

He cited reports from prisoners released from U.S. military
detention at Guantanamo Bay, Cuba , and the policy of
holding Taliban and al-Qaida suspects without giving them
the usual rights of prisoners of war set out in the Geneva
Conventions.

The U.S. Department of Justice refused to allow even
transcripts of the two men's interrogations to be admitted
as evidence in el Motassadeq's trial.

Lack of their testimony also played a large role in the
February acquittal in the same court of el Motassadeq's
friend and fellow Moroccan Abdelghani Mzoudi, who faced
identical charges.

But now, German prosecutors say they are confident they
will be receive more information from the U.S. for the
retrial.

"We have made it clear to the United States that we depend
on being able to hear Ramzi Binalshibh and Khalid Shaikh
Mohammed as witnesses," chief federal prosecutor Kay Nehm
was quoted as saying in this week's Focus magazine.

El Motassadeq is accused of helping pay tuition and other
bills for members of the Hamburg al-Qaida cell, which
included suicide hijackers Mohamed Atta, Marwan al-Shehhi,
and Ziad Jarrah, to allow them to live as students as they
plotted the attacks.

He admitted to training in bin Laden's camps in
Afghanistan, and witnesses at his trial testified that he
was as radical as the rest of the group, often talking of
jihad - holy war - and his hatred of Israel and the U.S.

He signed Atta's will and had power of attorney over
al-Shehhi's bank account.

El Motassadeq has said he was nothing more than close
friends with the others and did only things that a good
Muslim would do for any "brother."

Trial dates are scheduled into January, but more can be
added if needed.


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www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:

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<A HREF="http://www.mail-archive.com/[EMAIL PROTECTED]/">ctrl</A>
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