Guantanamo prosecutor wants conspiracy charge dropped in 9/11 case

MIAMI -- The chief prosecutor for the Guantanamo war crimes tribunal recommended on Wednesday that the Pentagon drop a conspiracy charge against five prisoners accused of plotting the September 11 attacks on the United States in 2001.

The prosecutor, Brigadier General Mark Martins, expressed doubts that the conspiracy charge would withstand legal appeal.

If that charge is dropped, the defendants would still face seven other charges in the tribunal at the Guantanamo Bay U.S. Naval Base in Cuba, including charges of murdering 2,976 people in the attacks, carried out by al-Qaida operatives using hijacked planes.

They could still be executed if convicted of planning and executing the attacks that propelled the United States into an ongoing global war against al-Qaida and its affiliates.

The defendants include the accused mastermind of the September 11 attacks, Khalid Sheikh Mohammed, who is alleged to have been al-Qaida's operations chief.

Defense lawyers had long argued that conspiracy was not recognized as a war crime when the attacks occurred in 2001. The defendants are being tried under a law passed by the U.S. Congress in 2006 and revised in 2009, which designated conspiracy and providing material support for terrorism as war crimes.

In October, a U.S. appeals court in Washington struck down the material support conviction of deceased al-Qaida leader Osama bin Laden's driver, former Guantanamo prisoner Salim Hamdan, on grounds that the charge could not be applied retroactively to events that occurred in 2001 and earlier.

A pending appeal on behalf of another Guantanamo convict, al-Qaida videographer Ali Hamza al Bahlul, was expected to bring a similar ruling on the conspiracy charge.


The Obama administration on Wednesday indicated it would fight to uphold Bahlul's conviction on that charge, a decision that could eventually put the case before the U.S. Supreme Court.

Martins said dropping the conspiracy charge from the 9/11 case "would remove an issue that could otherwise generate uncertainty and delay resulting from prolonged litigation in the ongoing capital prosecution."

He made the request to the Pentagon appointee overseeing the Guantanamo prosecutions, retired Vice Admiral Bruce MacDonald.

"There is a clear path forward for legally sustainable charges," Martins said in a news release. "The remaining charges are well-established violations of the law of war and among the gravest forms of crime recognized by all civilized peoples."

The defendants are accused of recruiting, training and funding the hijackers who slammed commercial jetliners into the World Trade Center in New York, the Pentagon and a field in Shanksville, Pennsylvania.

John Moore / Getty Images

President Obama's one-year deadline to close the facility has long passed as shutting it down has proven complicated and controversial.

They were captured in 2002 and 2003 and held in secret CIA prisons before being sent to a detention camp at Guantanamo in 2006. Efforts to prosecute them have moved in fits and starts amid controversy over the fairness of the tribunals set up to try non-U.S. citizens outside the regular court system.

The five men are scheduled to appear before a military judge on January 27 for the next pre-trial hearing at Guantanamo.

Mohammed and his nephew, defendant Ali Abdul Aziz Ali, are Pakistani citizens. The other defendants are Yemeni citizens Walid bin Attash and Ramzi Binalshibh, and Saudi captive Mustafa al Hawsawi.

The remaining charges against them are attacking civilians and civilian objects, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking aircraft, intentionally causing serious bodily injury, and terrorism.

Martins said that dropping the conspiracy charge now "would reduce the potential risks in the prosecution of the 9/11 attacks and allow the case to move forward without unnecessary delay."

Only seven cases have been completed in the Guantanamo court and four of them involved only charges of conspiracy and material support.

Related stories:
Conviction of Osama bin Laden driver thrown out by appeals court 
9/11 mastermind, alleged accomplices return to Guantanamo court
Guantanamo detainee found dead; Navy investigating

Copyright 2013 Thomson Reuters. Click for restrictions.

Discuss this post

Is this what has been holding up justice for over 4,000 deaths for the last 11 years?

Hey Pentagon here's a hint, take the evidence you DO have present it to the court, let the defense rebutt it then let the tribunal make their decision. Then take the damn Bastards out behind the barn and show them what the AMERICAN form of sharia justice is all about

  • 8 votes
#1 - Thu Jan 10, 2013 4:03 AM EST

Since Bin Laden had no trial, they dont deserve a trial either! Off with their heads!! Sharia style!

The families of the victims deserve justice and closure!

  • 6 votes
#1.1 - Thu Jan 10, 2013 5:02 AM EST

What has been "holding up justice" as you say
is that justice is an illusion in this country.

The MAIN WITNESS has been tampered with in the 1st degree. Bin Laden was allegedly killed by a SEAL raid during which "he" (whoever he was) didn't even resist. Then the body was thrown mafia-style overboard to the bottom of the ocean.

The MAIN WITNESS who could counter (or support) the torture induced state of mind of KLM was Bin Laden himself. But by our own confession we tampered with that witness and silenced him forever.

Ten years we have held KLM and no trial. That is "American justice".

  • 8 votes
#1.2 - Thu Jan 10, 2013 5:40 AM EST

If you recall Bush/Cheney resisted ANY 9/11 investigation. When they finally relented they put Henry Kissinger (who's name is synonymous with backroom cloak-and-dagger powerplays) in charge of their first commission. Henry backed out from pressure from the 9/11 Families and we got one stealth led by Karl Rove. No objective person respects the work of that 9/11 Commission.

All this was happening while we were invading Afghanistan where we conveniently let Bin Laden escape at Tora Bora to become the useful boogeyman for promoting our illegal invasion of Iraq.

Even before this and the original Afghanistan invasion the Taliban had offered to hold Bin Laden in custody and put him on trial, but we insisted that THEY the Taliban were supporting Bin Laden. We REFUSED to show the evidence that we claimed to have on Bin Laden. After we began to bomb the crap out of Afghanistan the Taliban relented and offered to have Bin Laden put on trial in a third-party country. But STILL we refused because at any trial we would have to show evidence. We wanted a decade and more of war.

Even before this, and days after 9/11, Colin Powell went on television and said before the world that the US in a few days would put down in writing for the world to see the evidence we had on Bin Laden. The very next day Powell was embarrased by Bush who said that no one was going to see the evidence that it was "classified". To this day we have not seen the evidence we invaded with.

Good luck with seeing evidence at any "trial" -- military tribunal or otherwise -- except "evidence" coerced through torture or presented through forced hearsay.

So you asked, "what is holding up justice for 11 years". The answer my friend is "American justice".

  • 15 votes
#1.3 - Thu Jan 10, 2013 6:00 AM EST

Defense lawyers had long argued that conspiracy was not recognized as a war crime when the attacks occurred in 2001.

Lawyers at their finest. They want their clients tried in the same courts as you and I, but not subject to the same charges as you and I.

  • 2 votes
#1.4 - Thu Jan 10, 2013 7:29 AM EST

Lawyers at their finest. They want their clients tried in the same courts as you and I, but not subject to the same charges as you and I.

You have to differentiate the type of trial these people are getting. If these people were in a Federal Court system then I believe that the conspiracy issue could be valid (but I'm no lawyer) under common law; however, this is a military war tribunal.

The problem lies in the fact that conspiracy to commit the crime would have to have been committed during the war. Defense lawyers can claim these charges are false because the conspiracy to commit the crime occurred before the U.S. was at war. At debate is when exactly did the war on terrorism begin? Was it when Bush declared it in October 2001 or was it prior to that when Osama Bin Laden declared war in his Fatwa in 1996 (http://www.pbs.org/newshour/updates/military/july-dec96/fatwa_1996.html) on the U.S. long before the 9/11 attacks? I'm not going to get into the law stuff because I don't know jack about it but that's my understanding of the issue.

Before consipiracy in international law of war will hold up, we have to first define when did that war actually start?

  • 1 vote
#1.5 - Thu Jan 10, 2013 7:42 AM EST

Why spend money keeping alive those terrorist let them go , follow them up , and kill them with a drones, we are good on that, 99 % of the terrorist that where prosecute and let them free for insufficient prof, went back to join terrorist groups.

Defense Lawyers are crooked , they don't care about if their clients are terrorist or not, for those selfish , it is all about to win.

  • 1 vote
#1.6 - Thu Jan 10, 2013 8:10 AM EST

"The five suspected militants killed by U.S. drones Thursday were in an area considered the main sanctuary for the Taliban and al-Qaida."

No capture , no wather bording, no GITMO, no trial, just straight to hell. If Bush/Cheney do the same, the left will be calling them criminals.

  • 2 votes
#1.8 - Thu Jan 10, 2013 8:29 AM EST

These people were not soldiers in any way. They wore no uniforms and fought for no country. What they are guilty of is conspiracy to commit murder of over 3,000 people. That is a conspiracy charge that will stick. Cut out this nonsense about what is legal or not in war, there was no declared war and these are not soldiers. They are civilian terrorists who were involved in one of the largest murder conspiracies in history. Try them on those charges and, after they are convicted, take them out in the courtyard and put a bullet in each of their heads.

  • 2 votes
#1.11 - Thu Jan 10, 2013 9:56 AM EST

denver bill 2

From article: Defense lawyers had long argued that conspiracy was not recognized as a war crime when the attacks occurred in 2001.

denver bill 2: Lawyers at their finest. They want their clients tried in the same courts as you and I, but not subject to the same charges as you and I.

If you and I were waterboaded 183 times until a confession was obtained (as was the case with defendant Khalid Sheikh Mohammed), prosecutors would have close to a 100% conviction rate.

I suspect that a majority of the gleeful people celebrating the killing of unarmed bin Laden were unaware that the FBI never put this alleged mastermind of 9/11 on its most wanted list for 9/11 because it said that it had NO hard evidence connecting him to it. The raid on bin Laden's compound produced evidence that he liked porn, but apparently no detailed plans for using novice pilots on just 2 planes to knock down 3 skyscrapers that all burned up and fell right into their own footprints as if professionally demolished; or how 4 or 5 hijackers per plane could be capable of overpowering whole planeloads of passengers with just box cutters.

As pointed out in an earlier post by J.P, Bush tried strenuously to prevent any investigation of 9/11. Why? When Bush finally yielded to intense pressure from families of the victims, he permitted only a severely limited one in which crucial evidence (like the hijackers' American support structure) was off-limits to investigators. Citing a pattern of lying and other non-cooperation by Bush administration officials, half of those investigators have called their own report a cover-up by that administration, with several calling for a new, independent investigation.

Don't look for such an investigation under Obama who has to be aware of the doubts of the investigators. Rather, as pointed out by poster J.P, Obama (or his underlings) had the most important 9/11 witness possible eliminated, thereby avoiding the embarrassment of a trial in which bin Laden would be acquitted of all 9/11 charges--witness tampering at its finest by our constitutional lawyer president.

  • 2 votes
#1.12 - Thu Jan 10, 2013 10:28 AM EST

they believe that they are instruments of GOD, cleansing the world of all wo do not follow the Koran; they believe that if they are killed by the infidel, then all their sins are forgiven and they go straight to Paradise;we are in a world war, for some reason we do not understand the enemy; they believe in what they are doing, convert to Islam or you will die; we are bringing over 10 thousand per month into our country, paying them to get started, giving them government guaranteed loans to start a business free health care, ; they do not want to adopt our ways, they demand we adopt their ways; look at Detroit, Minneapolis, new community's all over the country, we will pay a heavy price for our refusal to understand what we are up against.

    #1.13 - Thu Jan 10, 2013 11:09 AM EST

    John4711

    denver bill 2, If you and I were waterboaded 183 times prosecutors would have close to a 100% conviction rate.

    I agree. What's your point?

    I suspect that a majority of the gleeful people celebrating the killing of unarmed bin Laden were unaware that the FBI never put this alleged mastermind of 9/11 on its most wanted list for 9/11 because it said that it had NO hard evidence connecting him to it.

    The videos he posted are sufficient evidence for me.

      #1.14 - Thu Jan 10, 2013 1:33 PM EST

      Saxon said:

      they believe that they are instruments of GOD, cleansing the world of all wo do not follow the Koran; they believe that if they are killed by the infidel, then all their sins are forgiven and they go straight to Paradise;

      What you're describing is the viewpoint of the extremists. Here's what their Prophet actually said:

      a3.3 The Prophet (Allah bless him and give him peace) said:

      (1) "The first person judged on Resurrection Day will be a man martyred in battle. He'll be brought forth, Allah will reacquaint him with His blessings upon him and the man will acknowledge them, where-upon Allah will say, 'What have you done with them?'

      To which the man will respond, 'I fought to the death for you.'

      "Allah will reply, `You lie. You fought in order to be called a hero, and it has already been said.' Then he will be sentenced and dragged away on his face to be flung into the fire."

      they do not want to adopt our ways, they demand we adopt their ways;

      We have had Muslims in our country for all 200+ years of our history and when the attack came i was not from American Muslims who hold America in their hearts as their home country with pride--it was from outside. After 9/11 Muslims signed up for the military and fought, many making the ultimate sacrifice,to defend this country and what our elected leaders perceived as a threat to us. to lump all of them in with the extremists who hate us and what we represent--freedom, democracy, literacy, freewill and rule of the people for the people instead of rule by a religious leader for the ultimate benefit of the religious leader.

      To lump our Muslim soldiers in with the extremists is to dishonor their service and their sacrifice. And most of them are American born.

      • 3 votes
      #1.15 - Thu Jan 10, 2013 1:46 PM EST

      AMANDA...: the first of the verses from the Koran are different from the latter verses; are all Muslims terrorists, of course not; however the Muslim way of life has now been hijacked by the extremists , all over the world; the younger generation are following the extremists version; when any religion believes there way is the only way , then the conflict will become all out war, (Catholics in the middle ages, Cromwell in England are but two examples) ; we are now and have been for over 30 years at war with the new radical Muslim movement, it can only end one way all out total war !

        #1.16 - Thu Jan 10, 2013 2:12 PM EST

        denver bill 2

        John4711: denver bill 2, If you and I were waterboaded 183 times prosecutors would have close to a 100% conviction rate.

        denver bill 2: I agree. What's your point?

        The point, which I thought was obvious, is that after 183 water boardings, you, I, Khalid Sheikh Mohammed, Bush, Obama and just about everybody else would be willing to admit to having participated in the crucifixion of Jesus Christ. In other words, a confession after that much torture is highly suspect.

        John4711: I suspect that a majority of the gleeful people celebrating the killing of unarmed bin Laden were unaware that the FBI never put this alleged mastermind of 9/11 on its most wanted list for 9/11 because it said that it had NO hard evidence connecting him to it.

        denver bill 2: The videos he posted are sufficient evidence for me.

        The video showing a heavyset man who is supposed to be the always thin bin Laden is a fake. The FBI didn't buy this production which possibly came from the same people who produced Colin Powell's Iraq WMD 'evidence.' But if it's good enough for you, the people in government who duped us on Tonkin Gulf, Saddam's WMD, Jessica Lynch and Pat Tillman are quite pleased and extremely grateful that there are quite a few others like you.

        • 2 votes
        #1.17 - Thu Jan 10, 2013 9:11 PM EST

        9/11 was an inside job. True, there were terrorists with Muslim backgrounds involved, but their identities were known to the CIA and the Mossad long before 9/11, though wiretaps and other means. There is ample evidence that Mossad operatives were living next door to them. We had warnings from Russia in the days before 9/11. The CIA and NORAD were conducting air defense drills, simulating a plane hitting a building on the day of and day preceding 9/11, called Operation Vigilant Guardian. Wow, what an amazing coincidence. There was also another drill called Vigilant Warrior going on at the same time.

        Imagine a fighter pilot's dilema, "is it a drill or is it real". We have always had planes on patrol for these kinds of things, but they were nowhere to be found when 9/11 was actually happening. The plane that allegedly hit the Pentagon, took off more than an hour after the planes that hit the towers, yet no intercept.

        There are so many questions that were never answered or addressed by the 9/11 Commission. The Commission never asked about how Bldg 7, which was not hit by a plane, fell into its own footprint in a controlled demolition, shortly after the owner, Larry Silverstein" said "pull it". Silverstein had leased all 3 buildings and insured them against a terrror attack for billions just month before 9/11. Wow, what luck.

        • 2 votes
        #1.18 - Fri Jan 11, 2013 10:14 AM EST

        Here is a little more about the reason NORAD did not respond.

        OPERATION VIGILANT GUARDIAN: This exercise simulated hijacked planes in the
        north eastern sector and started to coincide with 9/11. Lt. Col. Dawne Deskins,
        NORAD unit's airborne control and warning officer, was overseeing the exercise.
        At 8:40am she took a call from Boston Center which said it had a hijacked
        airliner. Her first words, as quoted by Newhouse News Service were, "It must be
        part of the exercise." This is another example of how the numerous drills on the
        morning of 9/11 deliberately distracted NORAD so that the real hijacked planes
        couldn't be intercepted in time.

        4) OPERATION NORTHERN GUARDIAN:
        The details of this exercise are still scant but it is considered to be part of
        Vigilant Guardian, relating to simulating hijacked planes in the north eastern
        sector.

        5) OPERATION VIGILANT WARRIOR:
        This was referenced in Richard Clarke's book 'Against All Enemies'. It is
        thought to have been the 'attack' component of the Vigilant Guardian
        exercise.

        Another example of how air
        defenses were purposefully kept preoccupied so they couldn't protect New York
        was reported by this website in December of 2003. The Air
        National Guard's 177th Fighter Wing, based at Atlantic City International
        Airport in Pomona, were just eight minutes away from New York and could have
        intercepted both Flight 11 and Flight 175.

        Under NORAD procedures that date
        to the Cold War, two F-16 fighters from the 177th were parked around the clock
        on the Atlantic City runway. Pilots waited in a nearby building, ready to
        scramble.

        But on the morning of 9/11, the
        F-16's were performing bombing runs over an empty stretch of the Pine Barrens
        near Atlantic City after being decommissioned from their usual role of
        protecting the skies of the east coast.

        It was only after both trade
        towers were hit that the two F-16s landed and were refitted with air-to-air
        missiles, then sent aloft.

        Now that we have established how
        NORAD were confused, delayed and distracted by the numerous wargames, the next
        question to ask is who if anyone was aware of which planes were 'real world' and
        which planes were 'exercise'? The answer to this question will provide us with
        the name of the individual who ran the operatonal execution of the 9/11
        attack. Dick Cheney.

        • 2 votes
        #1.19 - Fri Jan 11, 2013 1:48 PM EST
        Reply

        I don't CARE what you charge them with. Charge them with jaywalking. Just as long as you f****** hang them.

        • 3 votes
        Reply#2 - Thu Jan 10, 2013 5:15 AM EST

        A charge of jaywalking will not result in a hanging. They have to be tried for capital crimes that result in capital punishment. Jaywalking is a misdemeanor and carries no criminal penalties. If your eventual goal is the death of these terrorists, then one has to make sure that the charges brought against them (and proven!) must be of such nature as to clearly demonstrate the appropriateness of capital punishment. The goal here is to close Gunatanamo Bay's prison facilities, so that means:

        1) No more detainees arriving at the facility

        2) Hold trials for the ones who are there

        3) Carry out sentence on those proven guilty

        4) Figure out what to do with those proven innocent but whose countries/governments don't want them back.

        The first three are easy to do, simply takes time. The fourth...not so easy.

        • 3 votes
        #2.1 - Thu Jan 10, 2013 7:18 AM EST

        The only plausible solution for your number four is to transfer them to the Federal prison system where they would be held indefinably for life on the tax payers dollar. Won't get approved. The only other solution is to find a country that is willing to take them instead. There have been cases where allies have taken custody of their own citizen to carry out their sentence, Omar Khadar (was it?) went back to Canada where he served out his sentence.

        If the U.S. could find countries willing to either imprison on their soil (probably with some economic incentive) or for release in another country willing to provide visa/citizenship (other than a known terrorist sympathetic country or similar), then they would be able to get them off the island.

        Many people (sadly) don't realize that GTMO is actually a Naval Base we have had there for decades. People only associate GTMO now with the military commissions and even when all this is said and done, GTMO will likely continue to hold a sour spot in people's minds even though GTMO actually has very little hand in the detention operations down there beyond providing detainee security and logistics support (http://www.mc.mil/FACILITIESSERVICES.aspx)

          #2.2 - Thu Jan 10, 2013 7:31 AM EST

          Amanda-2017567

          A charge of jaywalking will not result in a hanging.

          Look up "hyperbole" in the dictionary.

          4) Figure out what to do with those proven innocent but whose countries/governments don't want them back.

          The first three are easy to do, simply takes time. The fourth...not so easy.

          The fourth ..... impossible. Courts do not prove anything. They find people "guilty" or not "guilty." I may not be guilty of any crimes, but I am far from innocent.

          • 1 vote
          #2.3 - Thu Jan 10, 2013 7:36 AM EST

          It's the Prosecutions responsibility to prove (via the burden of proof) that a defendant is guilty. Judge/Jury verdict is a finding. But must we really slow the conversation on the definition when I'm pretty sure we know exactly what's being relayed?

          • 1 vote
          #2.4 - Thu Jan 10, 2013 7:46 AM EST

          GM Denver Bill

          Our court system is unique in that innocent is never a finding and your analogy is dead on. However, in the French or Italian courts, the defendant has to prove their innocence. The good news is these B*stards are being tried in military tribunal court system, so convictions, no matter what the charges they are tried on should come back "guilty".

          As for the ones that their own country does not want returned, perhaps they will be selected for the "mission to Mars" experiment! (sarc)

          • 1 vote
          #2.5 - Thu Jan 10, 2013 7:50 AM EST

          so all you care about is someone dying for your bleeding heart...thats called murder. Good to know that you have not one ounce of testimony and your already chanting murder..

          • 3 votes
          #2.6 - Thu Jan 10, 2013 8:19 AM EST

          Amanda-2017567

          Actually, number four is also very easy.

          Make a public announcement in NY regarding the exact time and place near ground zero they might be released. Ensure it is when there is a NYPD shift change, and the remaining patrol officers are on break.

          Open the doors of a van and push any "innocent" out. Ensure they are wearing attire sufficient to identify them.... maybe hotpink jumpsuits emblazoned with "I'm a 911 TERRORIST" on front and back.

          Then let things work themselves out.

          • 1 vote
          #2.7 - Thu Jan 10, 2013 8:25 AM EST

          XD - not all detainees in GTMO are related to the 9/11 attacks. Only 6 are. You also have Al-Nashiri (USS Cole bombing) and other enemy combatant who are related to Al-Queda or some other terrorist organization supposedly.

            #2.8 - Thu Jan 10, 2013 8:32 AM EST

            Denver Bill:

            You're right, so let me correct number 4:

            4) Figure out what to do with those who have been proven to have nothing to do with 9/11 but whose home countries refuse to take them back/don't want them back.

            XDM:

            The thing is, some of the people held there are just political dissidents in their own country, guilty of nothing except disagreeing with their government--the US put out a reward for the information/capture of anyone associated with 9/11 and many countries just handed over those political prisoners they didn't want in their country. These were later tried and proved to have had nothing to do with 9/11, but their country won't accept them back, and we will not allow them to stay. They are stuck.

            If you have a solution to that that does not involve death for these people, I'm sure the government would like to hear it.

            • 2 votes
            #2.9 - Thu Jan 10, 2013 8:46 AM EST

            @SharpeinDC / Amanda-2017567,

            You're both correct and I should have noted that only those involved with 9/11 should be treated as my post 2.7 indicates.

            As far as the others, we could get them back if we wanted to. We were very good at renditions and could just reverse the process. Of course, that means ultimately pissing some "friends" off, but they're not really our friends to begin with and they'll get over it anyway with the next Foreign Aid check.

            • 1 vote
            #2.10 - Thu Jan 10, 2013 9:07 AM EST

            If we packed these people on a plane and shipped them back and their government knew about it, they could shoot that plane out of the sky.

            If we sneaked them back over their border we'd be guilty of facilitating criminality (remember these people are considered criminals in their home countries, some simply because they don't happen to agree with how the government is run.) This could cause an international incident with said countries if one of their citizens, supposedly locked up in the US's Guantanamo Bay prison, suddenly pops up back on his country's radar.

            Since we would have to maintain plausible deniability in the repatriation of this guy to his country, at best we would look incompetent to the world community (allowing a prisoner to'escape') or at worst it would be a beacon to every terrorist organization that Guantanamo has security holes and our Naval Base there would be the target of attacks endangering US military forces.

            Not to mention which we would be morally guilty of sending a person to their death--the person would likely be killed instantly upon being spotted by his home country authorities. again, simply for the crime of disagreeing with the government.

            Only in the US would a State (Texas) be permitted to submit a petition to secede from the government of the country without having the government of said country respond with military force to prevent the secession, and that is because our laws prevent it (specifically, Posse Commitatus, preventing US military from being used against US citizens) . We are the exception in the world rather than the norm.

            • 1 vote
            #2.11 - Thu Jan 10, 2013 10:25 AM EST

            Amanda - there are plenty of territories around the world that want and express their desire to secede from their respective countries. You're right: military force is used in some (eg: Northern Ireland, Chechnya) - but I expect that diplomacy and democracy are just as prevalent. Consider the Flemish, the Corsicans, the Quebeckers, the Scots, the Welsh, the Basques (may be a bad example), even Greenland.

            (Not sure if these other countries' citizens regularly speak an oath that contains the phrase "one Nation under God, indivisible"...)

              #2.12 - Thu Jan 10, 2013 1:05 PM EST
              Reply

              Ya just can't fix stupid. They all should of been dead a long time ago. What the @#$% is America coming to?? And obama can bypass Congress on gun control?

              • 3 votes
              Reply#3 - Thu Jan 10, 2013 5:25 AM EST

              They are not dead yet because our Constitution guarantees them a trial, and the evidentiary process has been slow and difficult.

              And because some of the people in Guantanamo Bay prison facilities are innocent of complicity in 9/11, have had a trial to prove their innocence, but their country does not want them back. If you have a solution that doesn't involve execution of those innocents, the government would love to hear it.

              • 2 votes
              #3.1 - Thu Jan 10, 2013 7:10 AM EST

              i cant believe how many of you peeps have blinders on, well yes i can, look who yall voted for. 2 planes hit 2 building but 3 building fall perfectly straight down, then they find paper passports to identify the so called terroists. its just unbelievable how stupid people are.

              • 4 votes
              #3.2 - Thu Jan 10, 2013 8:40 AM EST

              They are not dead because there is no evidence to convict them. Did you know Bin Laden was never formally charged for 9/11 on the FBI most wanted list because they had no evidence to charge him with???? How can a bunch of people on the other side of the planet and a $100,000 budget and box cutters outsmart the largest military complex in the world? Do you still want to pour taxpayer dollars into a military that at best allowed 4 hijacked planes to fly around the US for an HOUR AND A HALF and at worst was complicit in allowing the tragedy that ensued?

              • 2 votes
              #3.3 - Thu Jan 10, 2013 9:41 AM EST

              Amazing how many people think the Bin Laden 9/11 video was faked.

                #3.4 - Thu Jan 10, 2013 1:30 PM EST
                Reply

                Hey JP The MAIN WITNESS has been tampered with in the 1st degree. Bin Laden was allegedly killed by a SEAL raid during which "he" (whoever he was) didn't even resist. Then the body was thrown mafia-style overboard to the bottom of the ocean.

                At least thats what we are told. Cant even prove that happend.

                • 2 votes
                Reply#4 - Thu Jan 10, 2013 6:15 AM EST

                That's because Bin Laden died in 2002 of complications from Marfan's syndrome.

                • 4 votes
                #4.1 - Thu Jan 10, 2013 8:16 AM EST
                Reply

                Wait a minute. just f'ing wait a minute here. Didn't our president promise and end to gitmo like how many years ago? Of course he lied and no one cares. This is how USA politics work. You would rather fight to ban guns and other things, send guns to Mexico or w/e than actually expect ANYTHING to be done by our president. Of course he is a "minority" so no one can question him. Idiocracy. yes we are there and fully accepting it. In the year 2050 watching people get heir balls smashed will be prime time. And the best part? Your children will be even stupider, if that is possible.

                • 4 votes
                Reply#5 - Thu Jan 10, 2013 6:30 AM EST

                According to our Constitution, these men, accused of a capital crime, have the right to a trial. Same Constitution that guarantees our right to bear firearms.

                Yes, President Obama campaigned on the promise he would close Guantanamo Bay's prison facilities. However, that issue has been slowed by the fact that many people still in there have not yet had trials, as evidence-gathering has been slow and difficult, and what holds the determination up even more is that some of the people held there have been tried, found not guilty, but they cannot be released because their countries don't want them back. Some of the Guantanamo detainees are people who are political dissidents in their own country, guilty of nothing except disagreeing with their government--a result after the US put out a reward for the information/capture of anyone associated with 9/11. Many countries just handed over those political prisoners they didn't want in their country. These were later tried and proved to have had nothing to do with 9/11, but their country won't accept them back, and we will not allow them to stay. They are stuck.

                If you have a solution to that that does not involve execution for innocents, I'm sure the government would like to hear it.

                • 6 votes
                #5.1 - Thu Jan 10, 2013 6:58 AM EST

                Yes it was a campaign promise that he presented an Executive Order on. Congress hardly steps in on EO's and this is one that they cock blocked him on. Blaming it being open still should fall on Congress for blocking the EO.

                But why did they block it? They didn't want these people tried in Federal courts. A few years ago they tried to put these people in Federal court and what happened? Look that one up, and thus why they are back in Military Commissions. www.mc.mil

                • 4 votes
                #5.2 - Thu Jan 10, 2013 7:21 AM EST

                "I'm Secretary of State, brought to you by Carl's Jr."

                  #5.3 - Thu Jan 10, 2013 7:45 AM EST

                  After taking office, he signed an executive order on Jan. 22, 2009, directing that Gitmo be shut down within a year. The order also called for an immediate case-by case review of detainees at the facility with an eye toward either repatriating them or bringing them to trial in U.S. civilian courts.But the president’s efforts to shutter the camp were blocked by Congress out of concerns that transferring the detainees to U.S. jails would pose a security risk and invite escape attempts or terrorist attacks on the facilities.

                  • 3 votes
                  #5.4 - Thu Jan 10, 2013 8:17 AM EST

                  Thanks for the further clarification verno, you are exactly right. I was being lazy looking into the other reasons :P

                    #5.5 - Thu Jan 10, 2013 8:33 AM EST

                    The president did not lie, Americans were to chicken to take them in prison. NY pooped its pants when it was proposed for them to go there. I guess the terrorist won.

                    • 1 vote
                    #5.7 - Thu Jan 10, 2013 9:33 AM EST

                    Just one of the wonders of the Constitution: Congress does not have to fund something just because it is decreed by executive order.

                      #5.8 - Thu Jan 10, 2013 1:34 PM EST
                      Reply

                      If there was any truth to KLM being operations chief - and these 5 guys involved - it would have already been taken care of. But there's not. They've imprisoned their families and tortured "confessions" out of them - but not one piece of evidence - not one radio transmission, communication, witness - notta. Nothing. We get nothing.

                      Know why? Because they've got nothing and they know it. That's why this charade continues. Looking at historical precedence (like the Maine, Lusitania, Pearl Harbor, JFK, etc.), bureaucratic fumbling will continue until a generation or so has passed since the incident - and the incident is then a distant memory.

                      • 5 votes
                      Reply#6 - Thu Jan 10, 2013 7:33 AM EST

                      I think you mean KSM. As for your "not one piece of evidence" I assume you have direct insight into what they do and don't have so I'll have to take your word on it that they have absolutely jack diddles on these people.

                      The real charade is in the politics that have occurred between the beginning of commissions and 2010 when politicians spent countless time and money keeping commissions running while bickering about whether or not to try these people in a Federal system or war tribunal. Once 2010 hit and they decided commissions, things started rolling. Now that things are rolling there have been various hearings and motions. Once the defense/prosecution finish going through there motions (such ridiculous things as work conditions in GTMO or the defense motion requiring all women present to where the face garments (sorry don't know what those are called)) then the real trial can begin. Look up those motions and the history on this MC and see where the actual holdup was.

                        #6.1 - Thu Jan 10, 2013 8:30 AM EST

                        Joe....which is why we need to keep bringing it up. Every time there is a another 9/11 lie in the MSM we need to present the facts. We can't let the neocons win this time, Obummer included.

                        • 2 votes
                        #6.2 - Thu Jan 10, 2013 9:49 AM EST

                        WOW! So "Obummer" is a neocon?

                        Who'da thunk? (you voted for your own post, didn't you?)

                          #6.3 - Thu Jan 10, 2013 1:37 PM EST

                          mpa - Obummer is following the same agenda. He is just filling a suit in the White House. You could have thought about that a little more.

                            #6.4 - Thu Jan 10, 2013 2:41 PM EST
                            Reply

                            The way things are going with the current administration the United States will end up releasing these guys and paying them money.

                            • 1 vote
                            Reply#7 - Thu Jan 10, 2013 7:40 AM EST

                            Not limited to this admin. I have a ne'er-do-well nephew (drug sentences, GTA, theft, vandalism, etc.)

                            When he is out of jail, he gets disability (for his drug use) and other forms of public assistance (hard to get a job, ya know?).

                            Is this a great country or what?

                              #7.2 - Thu Jan 10, 2013 1:43 PM EST
                              Reply

                              I'm as far left as they come, but in regards to 9/11 and those responsible for providing support, either directly or indirectly, they can go &*^% themselves. Why are they permitted justice when the 3,000 people that were murdered on 9/11 weren't afforded any "justice"? And check your documents, the US Constitution doesn't say a &*^%ing thing about the rights of war criminals or terrorists. The US Constitution protects the rights of US citizens - these low lifes are not protected by our Constitution. As far as I'm concerned, they can rot in Gitmo while continuing to be tortured. What those scumbags are going through doesn't compare to what the victims on 9/11 went through or people like Nick Berg or Daniel Pearl or the countless others those barbarians have beheaded. They have no sense of right and wrong, morality, or the rules of engagement so why should they be aforded those things from us?

                                Reply#8 - Thu Jan 10, 2013 8:11 AM EST

                                You said :

                                Why are they permitted justice when the 3,000 people that were murdered on 9/11 weren't afforded any "justice"? And check your documents, the US Constitution doesn't say a &*^%ing thing about the rights of war criminals or terrorists. The US Constitution protects the rights of US citizens - these low lifes are not protected by our Constitution. As far as I'm concerned, they can rot in Gitmo while continuing to be tortured.

                                After saying:

                                I'm as far left as they come....

                                Who are you trying to kid?

                                Why are you so quick to assume that the people in custody are guilty of anything except being in custody?

                                • 5 votes
                                #8.1 - Thu Jan 10, 2013 8:37 AM EST

                                rswall said:

                                ...the US Constitution doesn't say a &*^%ing thing about the rights of war criminals or terrorists. The US Constitution protects the rights of US citizens - these low lifes are not protected by our Constitution.

                                The Constitution's 5th amendment states:

                                No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

                                And the 6th amendment:

                                In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

                                Note these Amendments don't make the distinction between 'US Citizens' or 'non US citizens' or 'terrorists'. The 5th amendment simply says 'no person' and the 6th amendment simply says 'the accused.' Nowhere does it say these rights are only for US Citizens.

                                • 6 votes
                                #8.2 - Thu Jan 10, 2013 8:55 AM EST

                                very nice Amanda, I'd also like to add that in the U.S. a foreign visitor or illegal immigrant get those same constitutional rights whenever they are accused of a crime.

                                • 5 votes
                                #8.3 - Thu Jan 10, 2013 9:33 AM EST

                                sharpe:

                                Remember Homeland Security now owns the Office of Civil Rights and Civil Liberties as well as the Office of Legislative Policy.

                                USCIS is a division of Homeland security, as well as CBP, ICE, TSA, FEMA, USCG(Coast Guard) and the Secret Service and a whole host of other offices and divisions. Homeland Security,by legislative policy,is authorized to do what they feel necessary in order to ensure national security, and are indemnified against lawsuits arising from infringement of civil/Constitutional rights.

                                Yeah, I wish I could agree with you that these rights belong to everyone, but when I was in the deportation camp the guards would hit me whenever I brought up the Constitutionality of my indefinite detention for missing paperwork. The subject of constitutional rights for those accused of (and those who are illegal) and even those who are simply undocumented (here legally, just missing paperwork) is vaguely defined and misinterpreted at will depending on convenience of the agency making said accusation.

                                • 2 votes
                                #8.4 - Thu Jan 10, 2013 10:49 AM EST

                                "Remember Homeland Security now owns the Office of Civil Rights and Civil Liberties as well as the Office of Legislative Policy."

                                While that sounds dramatic and threatening, Amanda, it really isn't. The DHS Office of Civil Rights and Civil Liberties was created in 2004 by congress (subtitle C of Public Law 108-58).

                                That (DHS OCRCL) is an advisory group designed specifically to advise the department. Likewise for the Office of Legislative Policy. Other departments have similar offices within their organization. All part of government bloat.

                                  #8.5 - Thu Jan 10, 2013 2:19 PM EST
                                  Reply

                                  And the biggest lie is still perpetuated. Drop all the charges and expose the real people behind the attack.

                                  Eventually the truth will be accepted but then it will be too late.

                                  • 5 votes
                                  Reply#9 - Thu Jan 10, 2013 8:16 AM EST

                                  Criminal elements inside the US government knew of the impending attacks and allowed them to happen. And WTF happened to WTC7?

                                  • 8 votes
                                  #9.1 - Thu Jan 10, 2013 8:19 AM EST

                                  Sir Kit, people don't want to know the truth. People believe WTC 7 was just a casualty of fire. They don't know anything about basic physics, or even that the BBC reported WTC 7 collapsed when it was STILL STANDING in behind the "journalist" reporting it!! People think jet fuel burns super hot when it is basically kerosene. Kerosene (or jet fuel) do not burn hot enough to melt structural steel or cause that structural steel to still be red hot 3 MONTHS LATER!!! Nobody dares to do a search for WTC 7 collapse because it will change their world view.

                                  • 3 votes
                                  #9.2 - Thu Jan 10, 2013 9:54 AM EST

                                  It is much easier for people to hate an accused group of people than have to think for themselves or question anything. Bunch of armchair quarterbacks when it comes to geopolitics.

                                  • 4 votes
                                  #9.3 - Thu Jan 10, 2013 9:56 AM EST
                                  Reply

                                  Could be executed? Could be?

                                  If they're not, I'd be glad to do it myself.

                                  • 1 vote
                                  Reply#10 - Thu Jan 10, 2013 8:25 AM EST

                                  This country is burying itself. The legal system and political correctness has doomed this once strong and proud nation. Thin skin and pressure from abroad expose the soft underbelly of the U.S..

                                    Reply#11 - Thu Jan 10, 2013 8:33 AM EST

                                    Most of these "hang 'em high" comments make me realize there's probably a good US market for tooth sharpening tools.

                                    3000 innocent Americans killed = 100,000 Iraqis killed who had nothing to do 9/11

                                    Nice balancing act.

                                    • 5 votes
                                    Reply#12 - Thu Jan 10, 2013 8:42 AM EST

                                    Nothing to do with 9/11, but plenty to do with other things... besides, anyone with their head not buried in the sand knows W. invaded Iraq as a smokescreen for not even wanting to look for long-time family friend Osama bin Ladin.

                                    After all, he did put the other bin Ladin family members on the only flight after the events of 9/11 to fly them out of the country "for their protection", when they were safe and sound sitting around the Bush ranch, planning the future price of oil.

                                    • 3 votes
                                    #12.1 - Thu Jan 10, 2013 10:46 AM EST

                                    Nothing to do with 9/11, but plenty to do with other things...

                                    Like what?...I was talking about the civilians killed

                                    • 1 vote
                                    #12.2 - Thu Jan 10, 2013 11:11 AM EST

                                    All terrorists are technically civilians - they are not part of any uniformed military.

                                    They're also criminals and in direct violation of the Geneva Conventions and the Rules of War.

                                    Now, when you can figure out how to tell a terrorist from an innocent visually, I'll care a little about the number of dead Iraqis.

                                      #12.3 - Thu Jan 10, 2013 3:02 PM EST
                                      Reply

                                      bin Laden won, and too many of the comments here are proof. The goal of a terrorist isn't to 'win' in a military sense, it is to get the target to change its own values due to the fear induced by (threats of) a terrorist attack.

                                      We've given up most of our rights under the "Bill of Rights", we no longer operate as a country that uses a framework of law. If you look at the comments, you realize that these defendants are not "Innocent until proven guilty," they are "Guilty, awaiting execution" - yet no trial has been held.

                                      If we want to take our country and our soul back, we need to start to follow our laws. And not those "kangaroo kourt" laws that are afforded under the unfortunately named "Patriot Act," but those laws that were in place before the attack. We should stop cowering behind ineffective unfair law, and proudly enforce those laws that adhere to the spirit of the Constitution.

                                      • 5 votes
                                      Reply#13 - Thu Jan 10, 2013 8:45 AM EST

                                      People need to do a search for the PBS special, "Cheney's Law". It spells it all out for you. Keep looking until you can find an attorney general (Gonzalez) who knows how to write the legal language to usurp the Constitution and create the Patriot Acts I and II, warrentless wiretapping, etc.

                                      • 2 votes
                                      #13.2 - Thu Jan 10, 2013 10:02 AM EST
                                      Reply

                                      Take out the conspiracy charges? What the hell? Tell you what lets ask the survivors what THEY think or how about the families of those that were lost? I am a tree hugger by nature and not one who goes for vengence, but let these &^%$** off the conspiracy charges? Oh hell no, hang the bastards, put their heads on poles as a warning to others. When are we going to get tough? By the way weren't some of these'detainees US 'citizens'? I would say their treason should definitely be dealt with a DEATH PENALTY.

                                        Reply#14 - Thu Jan 10, 2013 8:52 AM EST

                                        I am a tree hugger by nature and not one who goes for vengence, but....

                                        Another troll claiming to be a leftie. Transparently pathetic.

                                        The LEFTIE committee hereby revokes your membership.

                                        • 4 votes
                                        #14.1 - Thu Jan 10, 2013 9:23 AM EST

                                        @Frances - conspiracy charges are a drop in the bucket compared to the capital charges they face and would not suffice for a sentence of life or the death penalty. By dropping the conspiracy charge, it will keep the defense from slowing the trial down by submitting motions requesting it to be thrown out, delaying the trial yet even longer.

                                        • 1 vote
                                        #14.2 - Thu Jan 10, 2013 9:36 AM EST
                                        Reply

                                        J.P, you are right on the mark. Glad to see people with some gray matter between their ears in this country. 99% of the people in this country have lost their collective mind and all they care is about bread and circuses . This country is the biggest terrorist organization on the planet and their citizens are allowing them to do whatever they want . These poor bastards they have locked up on all these charges could not change a light bulb let alone plan and execute any terrorist activities in million years. They would have problem loading a Ak 47 magazine with bullets. They would most likely place them backwards. Sheik Kalid could not operate a gGiros machine let alone be some kind of master mind. We just needed some stooges so we can keep our narrative moving down the road. Osama Bin Laden was our CIA operative his whole life. We used him against the Russians in Afganistan and the Serbs in the Bosnian war. For all intensive purposes he was the best friend we had. Killing and hunting of Bin Laden was only myth. We just used him as an excuse to be there. We never wanted to find him anyways. And we probably never killed him either.

                                        • 5 votes
                                        Reply#15 - Thu Jan 10, 2013 9:13 AM EST

                                        We just needed some stooges so we can keep our narrative moving down the road.

                                        Bingo!

                                        • 4 votes
                                        #15.1 - Thu Jan 10, 2013 9:25 AM EST

                                        DRAGO - You are my new favorite poster.

                                        • 2 votes
                                        #15.2 - Thu Jan 10, 2013 10:07 AM EST
                                        Reply

                                        File obstruction of justice charges against the prosecutor and defense. These terrorists would not be where they are if they had not been involved. Just execute them and move on. If they are freed, they'll be right back to killing Americans anywhere they can. If they are put in prison, the taxpayers will pay for their upkeep the rest of their lives, and they will live better in prison than many Americans already do now.

                                          Reply#16 - Thu Jan 10, 2013 9:28 AM EST

                                          why and how are the defense/prosecutors obstructing justice?

                                            #16.1 - Thu Jan 10, 2013 9:37 AM EST

                                            These terrorists would not be where they are if they had not been involved. Just execute them and move on.

                                            Here, try out this new tooth file...you can pay by Paypal, pal. let me know how it goes.

                                              #16.2 - Thu Jan 10, 2013 11:14 AM EST
                                              Reply

                                              Fallow the money and it all leads to Cheney and Bush Jr and senior. And while we were looking for the boogie man Cheney gave away public lands to Halliburton so they can do fracking but the EPA by law cant investigate what goes in the ground by law. I just hope that history is written correctly showing who the real terrorist where before and after September 11.

                                                Reply#17 - Thu Jan 10, 2013 9:52 AM EST

                                                This charade is a part of a cover up . The people who ordered the 9/11 massacre to keep us in endless wars are still running free-ask G. Bush,Cheney and Guliani. 9/11 was a demolition job according to a Toronto Report in 2011-that is the only thing that makes sense. If 9/11 can be staged with Imperial Parrots ( a BBC reported a falling bldg 7 while it was still standing), why not all the shootings with screwballs to take arms away from people so that they can be easily subjugated when the Fiscal Abyss creates social unrest.

                                                With so many lies, off shored jobs, huge unemployment ( over 20%) hard to believe anything one hears anymore. It seems that things are staged to enslave us as shown by Patriot Act.

                                                • 1 vote
                                                Reply#18 - Thu Jan 10, 2013 10:21 AM EST

                                                The thing is, 11 of the hijackers were Saudi's. Most, if not all were in the Uited States illegally. Declare Saudi Arabia a terrorist haven (which it is), refuse to buy oil from them. After all, there's Canada, Mesico, Kuwait, Iraq, Venezuala and other countries, not to mention the USA.

                                                Cut off the money and they'll come around in a hell of a hurry.

                                                  Reply#19 - Thu Jan 10, 2013 10:37 AM EST

                                                  I don't think US buys much oil from SA anymore. For your plan to work, you'd need to get Europe on board - then there's the Chinese as well...

                                                    #19.1 - Thu Jan 10, 2013 1:17 PM EST
                                                    Reply

                                                    NO! DON'T YOU DARE DROP A SINGLE CHARGE AGAINST THESE PIGS!

                                                    The only way I would EVER agree to something like that is if including the charges might introduce the chance of them walking all together.

                                                    I was THERE. We crawled through those piles of ruble for the first nine days PRAYING to hear a noise, a voice, anything that might mean someone was alive down there. I want them to swing from that rope for EVERY SINGLE THING THEY WERE CHARGED WITH so the door to Paradise is SLAMMED IN THEIR FACES.

                                                      Reply#20 - Thu Jan 10, 2013 11:13 AM EST
                                                      Reply

                                                      I'm convinced that some, if not many, of the prisoners at Guantanamo should not even be there - Its just the way that the roundup took place! Think about what took place early in Afghanastan: The US gov't was offering $25,000 to anyone turning in "an insurgent" - With that info out there, you can bet that some old tribal scores were being settled! As a result, old men who could barely walk and young boys found themselves in the dragnet!! Once taken to Cuba, all communications were cut off - Indeed there are some pretty bad people being held there, but what happened to these innocent people!!?

                                                      With that kind of money being waved around in these dirt-poor places, I'm surprized there were no crippled, elderly women "arrested," because that's what our gov't called it! And then years later, when a few of these men were released, some were "observed" fighting against our soldiers on the battle-fields! If that was true, then understand the consequence of torture & abuse!! If any of these men did show up on the battle-field shooting at marines, its more than probable that it was out of retaliation for wrongful "arrests," and their torture regiments!! There is so much xenophobic & racist thinking people in America, that their blindness will never allow them to see the injustice that was/is being done to these kind of prisoners!!

                                                      • 1 vote
                                                      Reply#21 - Thu Jan 10, 2013 10:24 PM EST
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