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Judge Again Delays Guantánamo’s First Death-Penalty Terror Trial

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Judge Again Delays Guantánamo’s First Death-Penalty Terror Trial

The military judge in the U.S.S. Cole bombing case on Monday reset the start of jury selection to Oct. 19, more than 26 years after the suicide bombing in a port in the Middle East killed 17 U.S. sailors and wounded dozens of others.

Col. Matthew Fitzgerald, an Army judge, said that government agencies were unlikely to process classified evidence in time for what was to be a June 1 start date for the national security trial at Guantánamo Bay, Cuba.

A Saudi citizen, Abd-al Rahim al-Nashiri is accused of orchestrating the attack on the U.S. Navy destroyer off Aden, Yemen, on Oct. 12, 2000 as an acolyte of Osama bin Laden. The death penalty case has been shadowed by the Central Intelligence Agency’s use of torture on the defendant.

Judges at the U.S. naval station in Cuba have set and then abandoned about 10 earlier trial start dates. Pretrial litigation has gone on so long, since Mr. Nashiri was charged in 2011, that three previous judges and all of the initial defense and prosecution lawyers retired from the case or left it for personal or professional reasons.

Mr. Nashiri was captured in Dubai in October 2002. First, he spent about 1,390 days in the custody of the C.I.A., which subjected him to waterboarding, forced nudity, extreme isolation, rectal and other forms of abuse, primarily in secret prisons in Afghanistan and Thailand, according to agency and Senate reports.

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The Cole bombing, by two Al Qaeda recruits who blew themselves up on a small, explosives- laden skiff, was a precursor of the Sept. 11 terrorist attacks, and Mr. Nashiri’s case is on track to become the first capital trial at Guantánamo Bay.

A judge in each case has ruled against the use of a defendant’s confessions because they were contaminated by their years in the C.I.A.’s brutal detention and interrogation program — out of reach of the courts, defense lawyers and International Red Cross.

The defendants were moved to Guantánamo in September 2006 and interrogated by federal agents to build cases against them without warnings against self-incrimination and the right to consult a lawyer.

The Cole trial is expected to last at least six months, and would start on Oct. 19 with the military shuttling 50 U.S. officers at a time there from a pool of 350 men and women to establish a jury of 12 with six alternate members. Guantánamo is so small, a 45-square-mile base with about 4,500 residents and limited guest quarters, that it would be logistically difficult to bring the entire pool down.

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Last week, prosecutors in the Sept. 11 case asked a military judge to set deadlines for starting the four-man conspiracy trial in May 2027. Prosecutors had earlier proposed Jan. 11, 2027, but concluded it was not practical even before arguing for it to Lt. Col. Michael Schrama, their presiding judge.

Colonel Schrama said Monday that he would look at setting a trial schedule after he rules on some key pretrial evidentiary motions, probably over the summer, involving Khalid Shaikh Mohammed, who is accused of being the mastermind of the plot, and two other defendants.

Both cases have dragged on so long in part because no court case in U.S. history has dealt with the volume of classified information involved in this case, which is guarding secret government activities and surveillance that started with the war against terrorism.

Some Navy shipmates who survived the Cole attack and the relatives of victims of both the Cole and Sept. 11 attacks have died waiting for the trials to begin. Family members have been traveling to the base since the arraignment in 2011 to watch pretrial proceedings.

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Sen. Lindsey Graham dead at 71 after ‘brief and sudden’ illness, office says

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Sen. Lindsey Graham dead at 71 after ‘brief and sudden’ illness, office says

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Sen. Lindsey Graham, R-S.C., died Saturday evening following a “brief and sudden” illness, according to a statement from his office.

“On the evening of Saturday, July 11, U.S. Senator Lindsey Graham passed away from a brief and sudden illness,” his office said.

“Senator Graham’s family appreciates prayers at this time and asks for privacy during this incredibly difficult period,” it continued.

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Sen. Lindsey Graham, R-S.C., speaks with reporters about aid to Ukraine, on Capitol Hill, Wednesday, March 10, 2022, in Washington. (AP Photo/Alex Brandon)

This is a breaking story; check back for updates.

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Trump slashes wildlife protections, putting endangered California animals at risk

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Trump slashes wildlife protections, putting endangered California animals at risk

The Trump administration finalized a rollback of the Endangered Species Act on Friday, paving the way for drilling, mining and other human development across protected wildlife habitats.

The move redefines “harm” under the Endangered Species Act, the landmark conservation law that protects threatened and endangered plants and animals. For years, “harm” meant actions that injure or kill wildlife, as well as actions that destroy protected habitats.

Under the new rule, destroying those habitats is no longer illegal.

The decision aligns with the Trump administration’s ongoing effort to slash regulations in the name of economic growth. Interior Secretary Doug Burgum, whose department finalized the move, said the prior definition of harm “interfered with private property rights” and “turned routine activity into a regulatory trap.”

Environmental groups called the decision a disaster, saying it puts protected species on a path to extinction.

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The move seems especially poised to hit California, the most biodiverse state in the country, where more than 6,700 species are spread across mountains, forests, deserts and oceans. Of the roughly 2,300 species protected by the Endangered Species Act, nearly 300 are found in California.

These species include amphibians such as tiger salamanders and Yosemite toads; birds such as California condors and northern spotted owls; fish such as Little Kern golden trout and Santa Ana suckers; insects such as Franklin’s bumble bees and Mission blue butterflies; mammals such as gray wolves and Santa Catalina Island foxes; and reptiles such as desert tortoises and green sea turtles.

The Endangered Species Act is widely credited with saving the California condor, which almost went extinct in the 1980s due to several factors, including habitat destruction. Thanks to a recovery program under the act, the condor population has since soared to several hundred. But under the new law, the logging and human development that led to their near demise is now allowed.

A handful of California species recoveries have been championed as success stories under the Endangered Species Act, including southern sea otters, peregrine falcons, humpback whales, bald eagles and green sea turtles.

According to a report from the Center for Biological Diversity, the El Segundo blue butterfly lost 90% of its oceanside habitat due to the construction of LAX and beachfront housing developments. The population dwindled to about 1,000 butterflies in the 1970s, when it was named an endangered species. Now, the population has climbed above 120,000.

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In California, the rollback could pave the way for more farming, mining, logging and drilling in areas that were once forbidden due to the potential for wildlife habitat destruction. A report from Earthjustice estimates that expanded oil drilling in California could threaten five marine species including humpback whales, sea otters, leatherback sea turtles, marbled murrelets and wild salmon.

Several environmental groups are planning legal challenges to the ruling.

“For the first time ever, a presidential administration now claims that species protected by the Endangered Species Act shouldn’t be safe from habitat modification that destroys where they live, raise their young, or search for food,” Kristen Boyles, attorney for the environmental nonprofit Earthjustice, said in a statement. “Let’s be clear: there is no support for the Trump administration’s rule — no scientific support, no legal support, no public support. We will see the Trump administration in court.”

Ben Greuel, wildlife campaign manager at the Sierra Club, called the decision “an unlawful attempt to open the door for corporate polluters to degrade vitally important habitats.”

“For more than four decades, the definition of ‘harm’ recognized a simple truth: if you destroy the places wildlife need to survive, you are putting species on a path to extinction,” Greuel said in a statement.

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It’s not the first time Trump has taken aim at California environmental regulation.

Earlier this year, Gov. Gavin Newsom, along with the governors of Washington and Oregon, submitted a formal opposition to the Trump administration’s plans to expand drilling off the Pacific Coast, with Newsom saying it leads to “dead wildlife.” In June, the Trump administration ordered a review of the California Coastal Commission, claiming the state’s “environmental extremism” obstructs spaceport development and offshore oil production.

A day before the Endangered Species Act decision, the Trump administration signed off on a controversial plan to use an old oil pipeline to pump water from the Mojave Desert into cities. Environmental groups said the plan threatens springs and local wildlife, since six pumps would need to be built in desert tortoise habitats.

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Trump-aligned House holdouts accused of holding ‘life-saving’ veterans bill ‘hostage’ over SAVE America Act

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Trump-aligned House holdouts accused of holding ‘life-saving’ veterans bill ‘hostage’ over SAVE America Act

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A sweeping veterans package supporters describe as the largest expansion of veterans’ health care and benefits in more than a decade is expected to return to the House floor when lawmakers come back from the July recess, but backers warn the legislation could once again become collateral damage in the Republican standoff over the SAVE America Act.

The Take Care of America’s Veterans Act rolls roughly 60 veterans bills into a package that would dramatically expand veterans’ health care and benefits. At its core, the legislation would cement veterans’ access to community care outside the VA while increasing benefits for combat-wounded veterans, caregivers and Gold Star families, expanding mental health services and enacting dozens of additional reforms.

House Veterans’ Affairs Committee Chairman Mike Bost, R-Ill., told Fox News Digital he intends to bring the Take Care of America’s Veterans Act back for a vote as soon as the House reconvenes next week.

WASHINGTON, D.C. – MARCH 17: Eugene Simpson, 29, from Dale City, Virginia goes through physical therapy at the Veterans Affairs Medical Center in Washington, D.C. with Michael Minor, a kinesiotherapist with the United States Department of Veterans Affairs on March 17, 2006 in Washington, D.C., USA. (Photo by Jeff Hutchens/Getty Images) (Jeff Hutchens/Getty Images)

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HOUSE CONSERVATIVES DERAIL GOP AGENDA IN SAVE AMERICA ACT SHOWDOWN

The legislation was held up last month after a group of House Republicans joined Democrats to defeat a procedural vote, stopping the House from taking up the bill.

“I’m feeling good as long as my members stay with us on the rule,” Bost said. “Right now, there’s some politics being played, not about this bill, but just in general.”

The bill became entangled in a broader House Republican fight over the SAVE America Act, legislation championed by President Donald Trump that would require proof of U.S. citizenship to register to vote in federal elections.

On June 30, the House voted on H. Res. 1398, the procedural rule governing floor consideration of several bills, including the National Defense Authorization Act and the Take Care of America’s Veterans Act. The rule failed after 14 Republicans joined Democrats in opposition, preventing the House from taking up the veterans package and bringing floor business to a standstill. Rep. Anna Paulina Luna, R-Fla., claimed to have voted against the rules vote in protest against House leadership’s handling of the SAVE America Act. As a result, Speaker of the House Mike Johnson sent the members home early.

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Bost accused the holdouts of effectively putting veterans legislation on hold.

The US Department of Veterans Affairs building is seen in Washington, DC, on July 22, 2019. (Photo by Alastair Pike / AFP) (Photo credit should read ALASTAIR PIKE/AFP via Getty Images) (Photo credit should read ALASTAIR PIKE/AFP via Getty Image)

‘IT’S A MESS’: GOP TURNS ON HOUSE CONSERVATIVES AS VOTER ID BLOCKADE STALLS TRUMP’S AGENDA

“They’re holding all bills hostage,” Bost said. “They’re not voting for any rule. Any bill that has to pass a rule before it comes to the floor—which this bill does because of its size—can’t move.”

Although Bost said he supports the SAVE America Act and has voted for it three times, he argued the Senate’s failure to act should not stop the House from advancing unrelated legislation.

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“I agree with that bill,” Bost said. “But the Senate still has to do their work. We don’t stop our work because the Senate isn’t doing it.”

With 23 legislative days left in the Congressional session, Concerned Veterans for America Strategic Director John Byrnes, a supporter of the bill, said time is of the essence.

“There are lots and lots of things that have to get done,” Byrnes told Fox News Digital. “There’s also the National Defense Authorization Act, which is a must pass every year, so these things eat up time. There’s requirements to have debate on these, which eat up session time.”

Byrnes argued that every procedural delay pushes other legislation further down the calendar.

“This bill will save lives in 2027,” Byrnes said. “If we lose veterans because they could have had faster, better access to health care, we’re never going to get those veterans back.”

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Rep. Mike Bost, R-Ill. ( )

TRUMP’S SAVE AMERICA ACT SHOWS SIGNS OF LIFE IN THE SENATE DESPITE REPUBLICAN REVOLT

But Rep. Chip Roy, R-Texas, who also voted no on the procedural vote, told Fox News Digital that he has concerns about how the bill is financed.

“I appreciate what the chairman’s trying to do in some respects, but there’s a few issues,” Roy said.

Among them, Roy pointed to provisions offsetting new spending through changes affecting other veterans.

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“You’re taxing certain veterans to provide some sort of benefits and changes to other veterans,” Roy said. “There are concerns about some of the pay-fors.”

Veterans of Foreign Wars has also taken issue with Section 108 of the bill, warning that it would codify changes to future disability ratings for tinnitus and sleep apnea to help finance other veterans priorities.

But Bost said this is inaccurate.

“No veteran is going to have their benefits reduced,” Bost said. “If you’re receiving a benefit right now, that’s not going to be reduced at all.”

Roy, who previously served two years on the House Veterans’ Affairs Committee, said he supported a lot of what the bill was seeking to accomplish; but said other pieces of legislation are priorities, too.

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“There is a block of us for whom border security, the SAVE Act and demonstrating our leadership on major issues is critical,” Roy said. “Some of these other bills may or may not get hung up based on a desire of many in the conference to see movement on other things.”

Fox News Digital reached out to Luna’s office and the White House for comment.

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