Still operating under Bush-era policies that President Barack Obama last year called "a mess," the Pentagon will resume military commission hearings for accused terrorists Wednesday in a top-secret compound originally designed for the trial of alleged 9/11 mastermind Khalid Sheik Mohammed.
War court critics denounced the decision to go ahead with hearings this week, saying that without new rules the Obama administration has yet to complete the commissions are operating with uncertain procedures.
"It's really like a lame-duck commission," bristled Mike Berrigan, deputy chief defense counsel.
First up on the war court's agenda is a pretrial hearing in the case of Noor Uthman Mohammed, a Sudanese man who was captured in Pakistan in 2002 and brought here soon after for interrogation as a suspected al-Qaida operative.
U.S. Attorney General Eric Holder approved Noor's military trial in November on charges of conspiracy and providing material support for terrorism for allegedly helping to run the Khalden terror training camp in Afghanistan.
At that same time, Holder approved civilian trials for the alleged plotters of the Sept. 11, 2001, terrorist attacks - and this week's hearings also are a reminder that the Justice Department remains undecided on how to proceed with the case of Khalid Sheik Mohammed and his four accused co-conspirators.
After New York officials objected to holding the 9/11 trial in lower Manhattan, the White House announced that it would reconsider the decision. It remains unclear where and in what forum Mohammed and the other alleged plotters will face charges.
That indecision will be on display as the court convenes Noor's case in the maximum security, $12 million Expeditionary Legal Compound that the Bush administration built for the accused 9/11 conspirators.
USA! USA! USA!
Update: Though the defendant has spent 8 years in U.S. custody, the judge said today it will take up to another YEAR to sift through his evidence. Sorry kid.
Update II: Daphne Eviatar highlights the case of the detainee (Noor Muhammad) as a prime example of a colossal government fuckup.
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