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Context of 'February 11, 2008: Pentagon Intends to Try Six Alleged 9/11 Conspirators, Will Seek Death Penalty'

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Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right).Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right). [Source: Associated Press] (click image to enlarge)Two US embassies in Africa are bombed within minutes of each other. At 10:35, local time, a suicide car bomb attack in Nairobi, Kenya, kills 213 people, including 12 US nationals, and injures more than 4,500. Mohamed al-Owhali and someone known only as Azzam are the suicide bombers, but al-Owhali runs away at the last minute and survives. Four minutes later, a suicide car bomb attack in Dar es Salaam, Tanzania, kills 11 and injures 85. The attacks are blamed on al-Qaeda. Hamden Khalif Allah Awad is the suicide bomber there. [PBS Frontline, 2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] The Tanzania death toll is low because, remarkably, the attack takes place on a national holiday so the US embassy there is closed. [Miller, Stone, and Mitchell, 2002, pp. 195] The attack shows al-Qaeda has a capability for simultaneous attacks. The Tanzania bombing appears to have been a late addition, as one of the arrested bombers allegedly told US agents that it was added to the plot only about 10 days in advance. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001] A third attack against the US embassy in Uganda does not take place due to a last minute delay (see August 7, 1998). [Associated Press, 9/25/1998] August 7, 1998, is the eighth anniversary of the arrival of US troops in Saudi Arabia, and some speculate that is the reason for the date of the bombings. [Gunaratna, 2003, pp. 46] In the 2002 book The Cell, reporters John Miller, Michael Stone, and Chris Miller will write, “What has become clear with time is that facets of the East Africa plot had been known beforehand to the FBI, the CIA, the State Department, and to Israeli and Kenyan intelligence services.… [N]o one can seriously argue that the horrors of August 7, 1998, couldn’t have been prevented.” They will also comment, “Inexplicable as the intelligence failure was, more baffling still was that al-Qaeda correctly presumed that a major attack could be carried out by a cell that US agents had already uncovered.” [Miller, Stone, and Mitchell, 2002, pp. 195, 206] After 9/11, it will come to light that three of the alleged hijackers, Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi, had some involvement in the bombings (see October 4, 2001, Late 1999, and 1993-1999) and that the US intelligence community was aware of this involvement by late 1999 (see December 15-31, 1999), if not before.

Entity Tags: Hamden Khalif Allah Awad, Mohamed al-Owhali, Salem Alhazmi, Khalid Almihdhar, Azzam, Al-Qaeda, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline

October 12, 2000: USS Cole Bombed by Al-Qaeda

Damage to the USS Cole.Damage to the USS Cole. [Source: Department of Defense]The USS Cole is bombed in the Aden, Yemen harbor by two al-Qaeda militants, Hassan al-Khamri and Ibrahim al-Thawar (a.k.a. Nibras). Seventeen US soldiers are killed and 30 are wounded. The CIA will later conclude that with just slightly more skilled execution, the attack would have killed 300 and sunk the ship. [ABC News, 10/13/2000; Coll, 2004, pp. 532; 9/11 Commission, 7/24/2004, pp. 191] The Islamic Army of Aden (IAA) immediately takes credit for the attack. This is a Yemen-based Muslim militant group widely believed to have close ties to al-Qaeda (see 1996-1997 and After). [Guardian, 10/14/2000] The IAA statement is released by its spokesman, Abu Hamza al-Masri (see Early 1997, (June 1998), and December 28, 1998 and After). Abu Hamza says that the attack was timed to mark the anniversary of the execution of the IAA’s former commander (see October 17, 1999). [O'Neill and McGrory, 2006, pp. 184] The prime minister of Yemen at the time of the bombing will say shortly after 9/11, “The Islamic Army was part of al-Qaeda.” [Guardian, 10/13/2001] The US soon learns the names of some al-Qaeda operatives involved in the attack, including Khalid Shaikh Mohammed, Tawfiq bin Attash and Fahad al-Quso (see Early December 2000), and Abd al-Rahim al-Nashiri (see November-December 2000). 9/11 hijackers Ramzi bin al-Shibh (see October 10-21, 2000) and Khalid Almihdhar (see Around October 12, 2000) may also have been involved. This is a repeat of a previously attempted attack, against the USS The Sullivans, which failed and was apparently undetected (see January 3, 2000). [Los Angeles Times, 12/22/2002] The 9/11 Commission will later say the Cole bombing “was a full-fledged al-Qaeda operation, supervised directly by bin Laden. He chose the target and location of the attack, selected the suicide operatives, and provided the money needed to purchase explosives and equipment.” [9/11 Commission, 7/24/2004, pp. 190]

Entity Tags: Khalid Shaikh Mohammed, Khallad bin Attash, Ramzi bin al-Shibh, Islamic Army of Aden, USS Cole, Osama bin Laden, Ibrahim al-Thawar, Khalid Almihdhar, Fahad al-Quso, Abd al-Rahim al-Nashiri, Hassan al-Khamri, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Reporter Daniel Pearl moments before he is killed.Reporter Daniel Pearl moments before he is killed. [Source: Associated Press]Wall Street Journal reporter Daniel Pearl is murdered. He is reported dead on February 21; his mutilated body is found months later. Police investigators say “there were at least eight to ten people present on the [murder] scene” and at least 15 who participated in his kidnapping and murder. “Despite issuing a series of political demands shortly after Pearl’s abduction four weeks ago, it now seems clear that the kidnappers planned to kill Pearl all along.” [Washington Post, 2/23/2002] Some captured participants later claim 9/11 mastermind Khalid Shaikh Mohammed is the one who cuts Pearl’s throat. [MSNBC, 9/17/2002; Time, 1/26/2003] The land on which Pearl was held and murdered reportedly belongs to either the Al Rashid Trust, or one of its supporters, Saud Memon. The Al Rashid Trust, an ostensibly charitable organization that US intelligence linked to the financing of al-Qeada, is closely linked to the jihadi organization Jaish-i-Mohammed and was one of the very first organizations to have its assets frozen after 9/11. It may have been used to funnel money to the 9/11 hijackers in the US (see Early August 2001 and September 24, 2001). [Time, 1/26/2003; Daily Telegraph, 5/9/2004; Tribune, 4/2/2006]

Entity Tags: Al Rashid Trust, Daniel Pearl, Khalid Shaikh Mohammed, Saud Memon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]

Entity Tags: Geneva Conventions, Mohamed al-Khatani, Donald Rumsfeld, Abigail Seltzer, Phillippe Sands

Timeline Tags: Torture of US Captives

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” [New Yorker, 2/27/2006]

Entity Tags: David Brant, Alberto Mora, Naval Criminal Investigative Service, Federal Bureau of Investigation, Mohamed al-Khatani

Timeline Tags: Torture of US Captives, Civil Liberties

President Bush signs the Military Commissions Act into law.President Bush signs the Military Commissions Act into law. [Source: White House]President Bush signs the Military Commissions Act (MCA) into law. [White House, 10/17/2006] The MCA is designed to give the president the authority to order “enemy detainees” tried by military commissions largely outside the scope of US civil and criminal procedures. The bill was requested by the Bush administration after the Supreme Court’s ruling in Hamdi v. Rumsfeld (see June 28, 2004) that the US could not hold prisoners indefinitely without access to the US judicial system, and that the administration’s proposal that they be tried by military tribunals was unconstitutional (see June 28, 2004). [FindLaw, 10/9/2006] It is widely reported that the MCA does not directly apply to US citizens, but to only non-citizens defined as “enemy combatants. [CBS News, 10/19/2006] However, six months later, a Bush administration lawyer will confirm that the administration believes the law does indeed apply to US citizens (see February 1, 2007).
Sweeping New Executive Powers - The MCA virtually eliminates the possibility that the Supreme Court can ever again act as a check on a president’s power in the war on terrorism. Similarly, the law gives Congressional approval to many of the executive powers previously, and unilaterally, seized by the Bush administration. Former Justice Department official John Yoo celebrates the MCA, writing, “Congress… told the courts, in effect, to get out of the war on terror” (see October 19, 2006). [Savage, 2007, pp. 319, 322]
'Abandoning' Core 'Principles' - The bill passed the Senate on a 65-34 vote, and the House by a 250-170 vote. The floor debate was often impassioned and highly partisan; House Majority Leader John Boehner (R-OH) called Democrats who opposed the bill “dangerous,” and Senate Judiciary Committee member Patrick Leahy (D-VT) said this bill showed that the US is losing its “moral compass.” Leahy asked during the debate, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” Senate Judiciary Committee chairman Arlen Specter (R-PA) had said he would vote against it because it is “patently unconstitutional on its face,” but then voted for it, saying he believes the courts will eventually “clean it up.” Specter’s attempt to amend the bill to provide habeas corpus rights for enemy combatants was defeated, as were four Democratic amendments. Republicans have openly used the debate over the MCA as election-year fodder, with House Speaker Dennis Hastert (R-IL) saying after the vote that “House Democrats have voted to protect the rights of terrorists,” and Boehner decrying “the Democrats’ irrational opposition to strong national security policies.” Democrats such as Senator Barack Obama (D-IL) say they will not fight back at such a level. “There will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats, to people who care more about the rights of terrorists than the protection of Americans,” Obama says. “While I know all of this, I’m still disappointed, and I’m still ashamed, because what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics.” [Washington Post, 10/19/2006] After winning the vote, Hastert accused Democrats who opposed the bill of “putting their liberal agenda ahead of the security of America.” Hastert said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.” [New York Times, 10/19/2006]
Enemy Combatants - The MCA applies only to “enemy combatants.” Specifically, the law defines an “unlawful enemy combatant” as a person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents,” and who is not a lawful combatant. Joanne Mariner of Human Rights Watch says the definition far exceeds the traditionally accepted definition of combatant as someone who directly participates in hostilities. But under the MCA, someone who provides “material support” for terrorists—whether that be in the form of financial contributions or sweeping the floors at a terrorist camp—can be so defined. Worse, the label can be applied without recourse by either Bush or the secretary of defense, after a “competent tribunal” makes the determination. The MCA provides no guidelines as to what criteria these tribunals should use. Taken literally, the MCA gives virtually unrestricted power to the tribunals to apply the label as requested by the president or the secretary. Mariner believes the definition is both “blatantly unconstitutional” and a direct contradiction of centuries of Supreme Court decisions that define basic judicial rights. [FindLaw, 10/9/2006] Under this definition, the president can imprison, without charge or trial, any US citizen accused of donating money to a Middle East charity that the government believes is linked to terrorist activity. Citizens associated with “fringe” groups such as the left-wing Black Panthers or right-wing militias can be incarcerated without trial or charge. Citizens accused of helping domestic terrorists can be so imprisoned. Law professor Bruce Ackerman calls the MCA “a massive Congressional expansion of the class of enemy combatants,” and warns that the law may “haunt all of us on the morning after the next terrorist attack” by enabling a round of mass detentions similar to the roundup of Japanese-American citizens during World War II. [Savage, 2007, pp. 322]
Military Commissions - The MCA mandates that enemy combatants are to be tried by military commissions, labeled “regularly constituted courts that afford all the necessary ‘judicial guarantees which are recognized as indispensable by civilized peoples’ for purposes of common Article 3 of the Geneva Conventions.” The commissions must have a minimum of five commissioned military officers and a military judge; if death is a possible penalty, the commissions must have at least 12 officers. The defendant’s guilt must be proven beyond a reasonable doubt; convictions require a two-thirds vote. Sentences of beyond 10 years require a three-quarters vote, and death penalties must be unanimously voted for. Defendants may either represent themselves or by military or civilian counsel. The court procedures themselves, although based on standard courts-martial proceedings, are fluid, and can be set or changed as the secretary of defense sees fit. Statements obtained through methods defined as torture are inadmissible, but statements take by coercion and “cruel treatment” can be admitted. The MCA sets the passage of the Detainee Treatment Act (DTA—see December 15, 2005) as a benchmark—statements obtained before the December 30, 2005 enactment of that law can be used, even if the defendant was “coerced,” if a judge finds the statement “reasonable and possessing sufficient probative value.” Statements after that date must have been taken during interrogations that fall under the DTA guidelines. Defendants have the right to examine and respond to evidence seen by the commission, a provision originally opposed by the administration. However, if the evidence is classified, an unclassified summary of that material is acceptable, and classified exculpatory evidence can be denied in lieu of what the MCA calls “acceptable substitutes.” Hearsay evidence is admissible, as is evidence obtained without search warrants. Generally, defendants will not be allowed to inquire into the classified “sources, methods, or activities” surrounding evidence against them. Some human rights activists worry that evidence obtained through torture can be admitted, and the fact that it was obtained by torture, if that detail is classified, will not be presented to the court or preclude the evidence from being used. Public access to the commissions will be quite limited. Many experts claim these commissions are illegal both by US constitutional law and international law. [FindLaw, 10/9/2006]
Secret Courts - The military tribunals can be partially or completely closed to public scrutiny if the presiding judge deems such an action necessary to national security. The government can convey such concerns to the judge without the knowledge of the defense. The judge can exclude the accused from the trial if he deems it necessary for safety or if he decides the defendant is “disruptive.” Evidence can be presented in secret, without the knowledge of the defense and without giving the defense a chance to examine that evidence, if the judge finds that evidence “reliable.” And during the trial, the prosecution can at any time assert a “national security privilege” that would stop “the examination of any witness” if that witness shows signs of discussing sensitive security matters. This provision can easily be used to exclude any potential defense witness who might “breach national security” with their testimony. Author and investigative reporter Robert Parry writes, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and elimination of enemies of the state, whether those enemies are foreign or domestic.” [Consortium News, 10/19/2006]
Appeals - Guilty verdicts are automatically appealed to a Court of Military Commission Review, consisting of three appellate military justices. The DC Circuit Court of Appeals has extremely limited authority of review of the commissions; even its authority to judge whether a decision is consistent with the Constitution is limited “to the extent [that the Constitution is] applicable.”
Types of Crimes - Twenty-eight specific crimes fall under the rubric of the military commissions, including conspiracy (not a traditional war crime), murder of protected persons, murder in violation of the bill of war, hostage-taking, torture, cruel or inhuman treatment, mutilation or maiming, rape, sexual abuse or assault, hijacking, terrorism, providing material support for terrorism, and spying. [FindLaw, 10/9/2006]
CIA Abuses - The MCA, responding to the recent Supreme Court decision of Hamdan v. Rumsfeld (see June 30, 2006) that found the CIA’s secret detention program and abusive interrogation practices illegal, redefines and amends the law to make all but the most pernicious interrogation practices, even those defined as torture by the War Crimes Act and the Geneva Conventions, legal. The MCA actually rules that the Geneva Conventions are all but unenforceable in US courts. It also provides retroactive protection under the law to all actions as far back as November 1997. Under the MCA, practices such as waterboarding, stress positioning, and sleep deprivation cannot be construed as torture. [FindLaw, 10/9/2006] The MCA even states that rape as part of interrogations cannot be construed as torture unless the intent of the rapist to torture his victim can be proven, a standard rejected by international law. The MCA provides such a narrow definition of coercion and sexual abuse that most of the crimes perpetrated at Abu Ghraib are now legal. [Jurist, 10/4/2006] Although the MCA seems to cover detainee abuse for all US agencies, including the CIA, Bush says during the signing of the bill, “This bill will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.” International law expert Scott Horton will note, “The administration wanted these prohibitions on the military and not on the CIA, but it did not work out that way.” Apparently Bush intends to construe the law to exempt the CIA from its restrictions, such as they are, on torture and abuse of prisoners. [Salon, 5/22/2007]
No Habeas Corpus Rights - Under the MCA, enemy combatants no longer have the right to file suit under the habeas corpus provision of US law. This means that they cannot challenge the legality of their detention, or raise claims of torture and mistreatment. Even detainees who have been released can never file suit to seek redress for their treatment while in US captivity. [FindLaw, 10/25/2006]
Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials—perhaps including President Bush himself—from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability. [Dean, 2007, pp. 239-240]

Entity Tags: Human Rights Watch, Joanne Mariner, US Supreme Court, Patrick J. Leahy, Military Commissions Act, John Dean, George W. Bush, Scott Horton, Geneva Conventions, Bruce Ackerman, Dennis Hastert, American Civil Liberties Union, Amnesty International, Detainee Treatment Act, Arlen Specter, War Crimes Act, Barack Obama, Central Intelligence Agency, Bush administration (43), John Boehner

Timeline Tags: Civil Liberties

The Defense Department announces that it is bringing death penalty charges against six high-value enemy detainees currently being held at the Guantanamo Bay detention camp. The six, all charged with involvement in the 9/11 attacks, will be tried under the much-criticized military tribunal system (see October 17, 2006) implemented by the Bush administration. They are:
bullet Khalid Shaikh Mohammed, a Pakistani who claims responsibility for 31 terrorist attacks and plots, is believed to have masterminded the 9/11 attacks, and claims he beheaded Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Mohammed was subjected to harsh interrogation tactics by the CIA, including waterboarding.
bullet Ali Adbul Aziz Ali, Mohammed’s nephew and cousin of jailed Islamist terrorist Ramzi Yousef. He is accused of facilitating the attacks by sending $120,000 to US-based terrorists, and helping nine of the hijackers enter the US.
bullet Ramzi Bin al-Shibh, accused of being a link between al-Qaeda and the 9/11 hijackers. Bin al-Shibh is accused of helping some of the hijackers obtain flight training.
bullet Khallad bin Attash, who has admitted planning the attack on the USS Cole (see October 12, 2000) and is accused of running an al-Qaeda training camp in Afghanistan. He claims to have helped in the bombing of the US embassy in Kenya (see 10:35-10:39 a.m., August 7, 1998).
bullet Mustafa Ahmad al-Hawsawi, accused of being a financier of the 9/11 attacks, providing the hijackers with cash, clothing, credit cards, and traveller’s checks.
bullet Mohamed al-Khatani, another man accused of being a “20th hijacker;” al-Khatani was stopped by immigration officials at Orlando Airport while trying to enter the US. He was captured in Afghanistan.
Many experts see the trials as part of an election-year effort by the Bush administration to demonstrate its commitment to fighting terrorism, and many predict a surge of anti-American sentiment in the Middle East and throughout the Islamic world. Some believe that the Bush administration is using the trials to enhance the political fortunes of Republican presidential candidate John McCain, who has made the US battle against al-Qaeda a centerpiece of his campaign. “What we are looking at is a series of show trials by the Bush administration that are really devoid of any due process considerations,” says Vincent Warren, the executive director head of the Center for Constitutional Rights, which represents many Guantanamo detainees. “Rather than playing politics the Bush administration should be seeking speedy and fair trials. These are trials that are going to be based on torture as confessions as well as secret evidence. There is no way that this can be said to be fair especially as the death penalty could be an outcome.”
Treatment of Detainees an Issue - While the involvement of the six detainees in the 9/11 attacks is hardly disputed, many questions surround their treatment at Guantanamo and various secret “black sites” used to house and interrogate terror suspects out of the public eye. Questions are being raised about the decision to try the six men concurrently instead of separately, about the decision to seek the death penalty, and, most controversially, the admissibility of information and evidence against the six that may have been gathered by the use of torture.
Details of Forthcoming Tribunals - While the charges are being announced now, Brigadier General Thomas Hartmann, the Pentagon official supervising the case, acknowledges that it could be months before the cases actually begin, and years before any possible executions would be carried out. Hartmann promises the trials will be “as completely open as possible,” with lawyers and journalists present in the courtroom unless classified information is being presented. Additionally, the six defendants will be considered innocent until proven guilty, and the defendants’ lawyers will be given “every stitch of evidence” against their clients.
'Kangaroo Court' - British lawyer Clive Stafford Smith, who has worked with “enemy combatants” at Guantanamo, believes nothing of what Hartmann says. The procedures are little more than a “kangaroo court,” Stafford Smith says, and adds, “Anyone can see the hypocrisy of espousing human rights, then trampling on them.” Despite Hartmann’s assurances, it is anything but clear just what rights the six defendants will actually have. [Independent, 2/12/2008] The charges against al-Khahtani are dropped several months later (see May 13, 2008).

Entity Tags: Vincent Warren, US Department of Defense, Khallad bin Attash, Daniel Pearl, Clive Stafford Smith, John McCain, Mohamed al-Khatani, Khalid Shaikh Mohammed, Thomas Hartmann, Center for Constitutional Rights, Ramzi Yousef, Ramzi bin al-Shibh, Bush administration (43), Mustafa Ahmed al-Hawsawi, Ali Abdul Aziz Ali, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US military dismisses charges against Mohammed al-Khatani. In February 2008, al-Khatani was part of a small group of detainees held at the Guantanamo prison charged before a military tribunal with involvement in the 9/11 attacks (see February 11, 2008). Al-Khatani is said to be the would-be “20th hijacker” who was refused entry to the US in August 2001 (see August 4, 2001). However, he was later captured and subjected to months of torture at Guantanamo (see August 8, 2002-January 15, 2003). The Pentagon official who announces the dismissal of charges against him, Convening Authority Susan Crawford, gives no explanation. The charges are dismissed “without prejudice,” which means they could be reinstated at any time. However, many believe that the charges against him are dismissed because of the torture he underwent, as well as the fact that he appears to have only been a unsuccessful low-level figure in the plot. [New York Times, 5/14/2008] In 2006, MSNBC predicted that he would never face trial due to the way he was tortured (see October 26, 2006). However, he still remains imprisoned at Guantanamo. In January 2009, Crawford will confirm that she dismissed the case against al-Khatani because he was indeed tortured (see January 14, 2009). She will say that the treatment suffered by al-Khatani “did shock me,” and will continue: “I was upset by it. I was embarrassed by it. If we tolerate this and allow it, then how can we object when our servicemen and women, or others in foreign service, are captured and subjected to the same techniques? How can we complain? Where is our moral authority to complain? Well, we may have lost it.” Crawford will lay much of the blame for al-Khatani being tortured at the feet of then-Defense Secretary Donald Rumsfeld. “A lot of this happened on his watch,” she will say. [Washington Post, 1/14/2009]

Entity Tags: Donald Rumsfeld, Mohamed al-Khatani, Susan Crawford

Timeline Tags: Complete 911 Timeline

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