Khalid Sheikh Mohammed and the Problem of Torture
By Andrew P. Napolitano | Ron Paul Institute | August 8, 2024
In the months following the attacks of 9/11, the government laid the blame for orchestrating them on Osama bin Ladin. Then, after it murdered bin Ladin, the government decided that the true mastermind was Khalid Sheikh Mohammed.
By the time of bin Ladin’s death, Mohammed had already been tortured by CIA agents for three years at various black sites and charged with conspiracy to commit mass murder, to be tried before an American military tribunal at Guantanamo Bay, Cuba.
Mohammed and four other alleged conspirators have been awaiting trial since their arrivals at Gitmo in 2006. Since then, numerous government military and civilian prosecutors, as well as numerous military judges, have rotated into and out of the case. Two weeks ago, the government and the defendants agreed to a guilty plea in return for life in prison at Gitmo. Then, last week, the Department of Defense abruptly changed its mind and rescinded its approval of the guilty pleas.
Here is the backstory.
The concept of military tribunals for the perpetrators of the 9/11 attacks was born in the administration of President George W. Bush, who argued that the attacks, though conducted by civilians on civilians, were of military magnitude and thus warranted a military response. Throughout the entire 22-year existence of the U.S. military prison at Gitmo, no one has been tried for causing or carrying out the crimes of 9/11. The government tried only one person for crimes related to 9/11. That was Zacarias Moussaoui, who pleaded guilty in federal court in Virginia to conspiracy for being the 20th hijacker and then was tried in a penalty phase trial where the jury chose life in prison.
Bush’s rationale not only brought us the fruitless and destructive wars in Afghanistan and Iraq; it also brought a host of legal problems unforeseen by Bush and his revenge-over-justice colleagues. The first legal issue was conspiracy. Since Mohammed did not carry out the attacks, he could only be charged with planning them. But conspiracy is not a war crime, and thus no military tribunal could hear the case. So Congress came up with a historic first — a military tribunal that would try civilian crimes.
The next issue was where to try Mohammed and his colleagues. President Barack Obama wanted to close Gitmo, which costs $540 million annually, and try Mohammed and the others in federal courts. This would have been consistent with federal law and the U.S. Constitution. But Republicans in Congress viewed Mohammed as too dangerous to bring onto U.S. soil, and so Congress enacted legislation that prohibits the removal of Mohammed and the others to the U.S. for any purpose.
The prohibition on removal means that any life terms would need to be spent at Gitmo. It also means that there would be a legal obstacle to the execution of a death sentence, as Gitmo is not equipped to execute anyone.
Most troubling, however, is the government’s problem of how to address the issue of torture. Bush believed that military men on military juries would neither cringe at torture nor hesitate to impose a death sentence. Yet, when defendants at Gitmo, in non-9/11-related cases, described the torture that CIA agents and military officials had inflicted upon them, military jurors were repulsed at what they heard and recommended clemency even for those who caused deaths.
These events — filing legally baseless charges, prohibiting the removal of civilian defendants to civilian courts, and fear of the likely reaction of military jurors to testimony about torture — caused the prosecution team to rethink the entire idea of putting Mohammed on trial, and thus in March 2022, the government initiated secret plea-bargaining negotiations with defense counsel.
In large measure, government prosecutors — now the fourth team since 2006 — recognized that Bush’s torturers had so brutalized the defendants that their so-called voluntary confessions would likely be tossed by the trial judge or rejected by a jury. Moreover, there are serious ethical issues when lawyers defend torture — so serious that it could jeopardize their careers.
Why would the government agree to such a plea bargain for the persons it claims are the monsters who murdered 3,000 Americans on 9/11 and triggered all the horrors that followed those murders? What does the government fear?
What does it always fear? THE TRUTH.
Since the trial judge — the fourth judge on the case — had already accepted the guilty pleas before the DoD changed its mind, it is unclear if he will enforce them.
If he does not, one day there will be a trial. At trial, the defendants will be permitted to bring the government’s imperialistic wars, its tortures and its foreknowledge of 9/11 into the courtroom. The government knows that much of its behavior — from the CIA-orchestrated overthrow of a popularly elected prime minister of Iran in the early 1950s to the untruthful excuses for toppling Saddam Hussein — will show American foreign policy at its imperialistic and violent worst.
And the hours and weeks and months and years of repeated torture — all of it criminal — will undermine the case against Mohammed and the others.
This is what happens when the fabric of our legal system is interfered with for authoritarian reasons. The tragedy of 9/11 happened on Bush’s watch. What did the CIA know before 9/11? Bush compounded his ignorance and failures with boasts of bravado and torture — all of which have come back to haunt his current successor in the White House.
Defense and Justice Department lawyers have recognized that they cannot try this case without material damage to the scheme of American empire, built on death, lies and torture, without revealing the names and methods of the folks who did these horrible deeds and the lies of the presidents who authorized them — and without the truth coming out at last.
What good has come from Bush’s torturers? None.
To learn more about Judge Andrew Napolitano, visit https://JudgeNap.com.
COPYRIGHT 2024 ANDREW P. NAPOLITANO
DISTRIBUTED BY CREATORS.COM
Share this:
Related
August 8, 2024 - Posted by aletho | Deception, False Flag Terrorism, Subjugation - Torture, Timeless or most popular, War Crimes, Wars for Israel | 9/11, CIA, Middle East, United States, Zionism
No comments yet.
Featured Video
Netanyahu Ordered the 2003 Invasion of Iraq
or go to
Aletho News Archives – Video-Images
From the Archives
Why Hitler Declared War on the United States
By John Wear | Inconvenient History | 2017-08-31
Establishment historians state that Adolf Hitler made a mistake when he declared war on the United States. For example, British historian Andrew Roberts wrote:[1]
“It seems an unimaginably stupid thing to have done in retrospect, a suicidally hubristic act less than six months after attacking the Soviet Union. America was an uninvadable land mass of gigantic productive capacity and her intervention in 1917-18 had sealed Germany’s fate in the Great War.”
Historian Martin Gilbert wrote in regard to Germany’s declaration of war on the United States:[2]
“It was perhaps the greatest error, and certainly the single most decisive act, of the Second World War.”
In this article I will explain why Hitler was forced to declare war on the United States. … continue
Blog Roll
-
Join 2,446 other subscribers
Visits Since December 2009
- 7,632,832 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
Afghanistan Africa AIPAC al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkey Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- The Second Circuit Again Violated the Rights of the Amish
- Ukraine using mobilization threat to pressure journalists – media
- Chad announces withdrawal from International Criminal Court Treaty
- Netanyahu will reject US demands for withdrawal from Lebanon, Gaza, Syria if asked: Report
- Russia warns Ukraine expanding ‘terrorist activities’ beyond Europe
- US use of Italian military bases in the conflict with Iran shows lack of autonomy
- The synthesis of regional conflicts into WWIII has begun
- Is the Department of War Covering Up the True Extent of US Casualties?
- Is Peter Mandelson a Russian or a Zionist asset?
- German arms exports to Israel surge sharply amid Gaza genocide
If Americans Knew- ‘Hell on Earth’: Roger Waters on Palestine, Apartheid and the Cost of Speaking Out
- ISRAELI MEDIA: Israelis Fight Over Framing of West Bank Attacks. But Settler Violence Is an Israeli Strategy (2 articles)
- Attacks on Mamdani Prove Israel’s Supporters Can’t Even Tolerate Criticism of Netanyahu
- Integrated Israeli Policies Fast‑Track Israeli Annexation of Palestinian Land
- ICC Chief Prosecutor Karim Khan dared to hold Israel to account – that’s why he was brought down
- Why did Bari Weiss fire Cecilia Vargas?
- Rescue teams recover remains of 99 Palestinians from one home in Gaza – Daily Update
- Patrick Bet-David sells wealth building, but the real product is Zionist shilling
- The Last-Minute Million-Dollar Ad Spend Against Will Lawrence Is Coming From a Major Pro-Israel Group
- Five decades of Israeli covert strategy to push US, Iran into confrontation
No Tricks Zone- ECMWF Models Throwing Cold Water On Extreme Germany Heat Wave Forecast Next Week
- Greenland’s Ice Sheet Was Supposed To Be Rapidly Melting Away. It Hasn’t Been.
- Global Temperature Trend Has Cooled Over The Past 6500 Years, Scientists Have Found
- Wind Energy Means Going Back To The Middle Ages, Says German Professor Horst-Joachim Lüdecke
- New Study: A 40-Fold Increase In Earth’s Main Greenhouse Gas Contributes To Cooling The Ocean
- New Study Highlights The ‘Dominant Role’ Of Aerosol/Cloud Interactions In Shaping Climate
- Munich’s First-Ever Green Party Mayor Declares First Ever City Water Use Restrictions… Fines Up to 50,000 €!
- Experimental Lab Research: The Climate Sensitivity To A 400-Fold Increase In CO2 Is 0.1°C
- Fatal Snobbery: In France, It’s Better To Die From A Heatwave Than To Do As Americans
- New Study: NASA’s Models Wildly Underestimate The Capacity Of Clouds To Alter Solar Radiation
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.

Leave a comment