When the Obama administration announced earlier this month that military tribunals would resume at Guantanamo, many assumed that the highest-profile defendants at the prison -- the alleged 9/11 conspirators -- would soon be headed for trial. The lawyers’ experience suggests otherwise.And remember how well the civil courts handed the first terror trial? Ahmed Ghallani, connected to the 1998 embassy bombings, was acuqitted on all but one charge of terrorism.
Lachelier says the money needed for the basic preparation of a defense, has been cut off. Lachelier said when she requested money to travel to Germany, where al Shibh lived with the 9/11 hijackers, including Mohammed Atta, Defense officials refused.
In a March 8 email to Lachelier obtained by Fox News, Defense officials traced the refusal to Attorney General Eric Holder.
"The Attorney General has determined that Mr. Bin al Shibh will be prosecuted in federal court," the email says. "If at some time the Attorney General changes his decision regarding forum, you can resubmit your request."
A Feb. 25 email from the Office of Military Commissions obtained by Fox News was even more specific: “Until the Attorney General says otherwise, any prosecution of the 9/11 detainees will be in federal court. That said, the Convening Authority (the body that oversees the military trials) will not approve, at this time, any travel requests from counsel to investigate or prepare for those cases, or any other cases, earmarked by the Attorney General for prosecution in federal court. Such requests should be put on hold and resubmitted when, and if, the Attorney General changes his forum decision."
Lachelier said the effect is profound.
“Without any funding, without any ability to engage in the standard defense function the rule of law can't be promoted and the case can't move at all,” she said.
The military lawyers say it in their system, is the defense that keeps the process moving forward. By cutting off their funding and other restrictions, the 9/11 military trial is effectively stalled.
So the whole green light to the military tribunal by the Regime was just a sleight of hand. The Regime and the terrorist-friendly attorney general are intent on seeing this as a criminal matter, not as a war, and possibly releasing by hung juries, etc, as many of these terrorists as they can.
No wonder our enemies around the world no longer fear us.