Mr. Nashiri’s attorneys are exploring a potential defense theory that the United States killed the masterminds of the Cole attack, who were more senior and more blameworthy. Prosecutors asked the judge to end that line of investigation, pointing to a classified cable that said Mr. Nashiri had told CIA agents while he was being questioned at a secret prison in Afghanistan that Mr. involve.
Defense attorneys said the law prohibits the use of statements – or any statements made by the accused that are derived from torture or any other cruel, inhuman or degrading treatment – throughout the entire process. proceedings. Prosecutors argued that there was an exception during the period where judges decide pre-trial matters before a military jury is selected to hear a case.
The military judge, Colonel Lanny J. Acosta Jr., agreed with prosecutors in a rule May 18, 2021 but still.
Defense attorneys in the case on Tuesday said they were troubled by language in the Justice Department filings, which leaves open the possibility of an exception for a future administration, particularly due to the length of the prosecution period. It was originally conceived by the Bush administration and pursued by the Obama administration. It has suffered lengthy delays due to both prosecution and defense appeals against the rulings of the Guantánamo judges.
“It’s a cause for concern,” said Michel Paradis, Nashiri’s appellate attorney, who works for the defense ministry. “The Trump administration has a very different view of torture than the Biden administration. And this supplication makes it possible for them to change their position of their own accord.”
Also disturbing, he said, was the government’s disclosure in the filings on Monday night that a war court prosecutor, during a review of 100,000 pages of secret files, discovered Another instance where prosecutors cited something Mr. Nashiri had told the CIA at one of them. dark web. That was in a 2014 profile.
Defense attorneys were not aware of the use of statements from the dark web because, in national security courts, prosecutors could unilaterally provide information to a judge in a permitting process. they protect, edit, or rephrase classified information. On Tuesday, defense attorneys considered whether to seek a stronger, independent examination of the 100,000 pages.
https://www.nytimes.com/2022/02/01/us/politics/torture-guantanamo-terrorism-biden.html Biden administration denies using torture in Guantánamo terror test