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Torture and Secret C.I.A. Prisons Haunt 9/11 Case in Judge’s Ruling

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Torture and Secret C.I.A. Prisons Haunt 9/11 Case in Judge’s Ruling

When a military judge threw out a defendant’s confession in the Sept. 11 case this month, he gave two main reasons.

The prisoner’s statements, the judge ruled, were obtained through the C.I.A.’s use of torture, including beatings and sleep deprivation.

But equally troubling to the judge was what happened to the prisoner in the years after his physical torture ended, when the agency held him in isolation and kept questioning him from 2003 to 2006.

The defendant, Ammar al-Baluchi, is accused of sending money and providing other support to some of the hijackers who carried out the terrorist attack, which killed 3,000 people. In court, Mr. Baluchi is charged as Ali Abdul Aziz Ali.

He is the nephew of Khalid Shaikh Mohammed, the man accused of masterminding the plot.

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The judge, Col. Matthew N. McCall, wrote that it was easy to focus on the torture because it was “so absurdly far outside the norms of what is expected of U.S. custody preceding law enforcement questioning.”

“However,” he added, “the three and a half years of uncharged, incommunicado detention and essentially solitary confinement — all while being continually questioned and conditioned — is just as egregious” as the physical torture.

Prosecutors are preparing to appeal.

But the 111-page ruling was the latest blow to the government’s two-decade-old effort to hold death penalty trials at Guantánamo Bay by sweeping aside a legacy of state-sponsored torture.

Military judges in the two capital cases at Guantánamo have rejected the use of confessions taken from prisoners after they were in C.I.A. detention, illustrating the enduring stain of a Bush administration decision after Sept. 11, 2001, to interrogate and hide suspected members of Al Qaeda in black sites rather than use the court-monitored law enforcement system.

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From his capture in Pakistan in early 2003 to his transfer to Guantánamo in 2006, Mr. Baluchi was kept out of the reach of lawyers, a court and the International Red Cross, according to evidence presented at years of pretrial hearings.

In his first days in custody, Mr. Baluchi was deprived of sleep for 82 straight hours. He was shackled at the ankles and the wrists in a way that forced him to stand, naked, with a hood on his head. He was made to fear he would be drowned in a mock waterboarding technique while he was in a dungeonlike setting in Afghanistan.

In time, he was shuttled between five overseas prisons, including in Eastern Europe. Food and clothing were used as rewards for his cooperation with C.I.A. debriefers in a program described in court by two psychologists who carried out some of the interrogations for the agency.

The judge referred to classified C.I.A. accounts showing that Mr. Baluchi was questioned about Al Qaeda and his role in the Sept. 11 attacks more than 1,000 times before he was transferred to Guantánamo. Then, in January 2007, the Bush administration adopted a concept called clean teams.

The idea was to have agents who had not been involved in previous interrogations question a suspect anew to try to obtain admissible evidence for a court case. In the case of Mr. Baluchi, three F.B.I. agents questioned him over four days at Guantánamo in January 2007, four months after he was transferred there from a black site.

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The F.B.I. agents wrote a memo containing his confessions, which Judge McCall rejected on April 11 as illegally derived from torture.

Prosecutors had argued that Mr. Baluchi’s brutal interrogations lasted only a few days. For the next three years, they said, he gradually became less afraid of his captors and in time voluntarily answered questions from the C.I.A. debriefers and, later, from the F.B.I. questioners at Guantánamo.

The judge disagreed. “The goal of the program was to condition him through torture and other inhumane and coercive methods to become compliant during any government questioning,” he wrote. “The program worked.”

Uncertainty over whether the statements would be admissible was one reason the prosecutors sought to settle the case with guilty pleas in exchange for life sentences rather than through a death-penalty trial.

Mr. Baluchi and his lawyers never reached a plea agreement. But Mr. Mohammed and two other defendants did in a settlement that the Justice Department is now trying to overturn. If the courts uphold the deal and the plea goes forward, Mr. Mohammed has agreed to let prosecutors use portions of his 2007 interrogations at Guantánamo at a sentencing hearing.

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Government lawyers have to meet a high bar in appealing to reinstate Mr. Baluchi’s 2007 statements. In January, the military commissions appeals court upheld a judge’s decision to throw out the same type of evidence in the U.S.S. Cole case, the longest-running capital case at Guantánamo Bay.

In it, the appellate panel endorsed the analysis of the judge in that case that the C.I.A. had “conditioned” its captives “to answer questions from United States government officials — be they debriefers, interrogators or interviewers.”

In his third month at Guantánamo, Mr. Baluchi reported to a medical staff member that guards had withheld water from him “for 48 hours because he wrote his name in his shower with steam,” the judge noted.

Court testimony showed that each former C.I.A. prisoner’s cell was equipped with an intercom and individual shower that required little contact with guards. So Mr. Baluchi was punished for writing his name in a place where only he, the guards and the prison’s surveillance system could see it.

Moves between black sites started with a cavity search, the judge said in a section that explained the process in detail. Mr. Baluchi was blindfolded, and his ears and mouth were covered to prevent him from hearing or communicating with others.

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“He was diapered and then strapped into a seat or strapped to the floor like cargo for however long the flight lasted,” the judge recounted. The prisoner “did not know where he was going or how long he would have to remain in a soiled diaper.”

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Map: Earthquake Shakes Central California

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Map: Earthquake Shakes Central California

Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

A minor earthquake with a preliminary magnitude of 3.5 struck in Central California on Monday, according to the United States Geological Survey.

The temblor happened at 7:17 a.m. Pacific time about 6 miles northwest of Pinnacles, Calif., data from the agency shows.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Monday, March 2 at 10:20 a.m. Eastern. Aftershocks data is as of Monday, March 2 at 11:18 a.m. Eastern.

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US says Kuwait accidentally shot down 3 American jets

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US says Kuwait accidentally shot down 3 American jets

The U.S. and Israel have been conducting strikes against targets in Iran since Saturday morning, with the aim of toppling Tehran’s clerical regime. Iran has fired back, with retaliatory assaults featuring missiles and drones targeting several Gulf countries and American bases in the Middle East.

“All six aircrew ejected safely, have been safely recovered, and are in stable condition. Kuwait has acknowledged this incident, and we are grateful for the efforts of the Kuwaiti defense forces and their support in this ongoing operation,” Central Command said.

“The cause of the incident is under investigation. Additional information will be released as it becomes available,” it added.

In a separate statement later Monday, Central Command said that American forces had been killed during combat since the strikes began.

“As of 7:30 am ET, March 2, four U.S. service members have been killed in action. The fourth service member, who was seriously wounded during Iran’s initial attacks, eventually succumbed to their injuries,” it said.

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Major combat operations continue and our response effort is ongoing. The identities of the fallen are being withheld until 24 hours after next of kin notification,” Central Command added.

This story has been updated.

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Satellite images provide view inside Iran at war

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Satellite images provide view inside Iran at war

Smoke rises over Konarak naval base in southern Iran on Sunday. The base was one of hundreds of targets of U.S. and Israeli forces throughout the country.

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Commercial satellite images are providing a unique look at the extent of damage being done to Iran’s military facilities across the country.

The U.S. and Israeli military campaign opened with a daytime attack that struck Iranian leadership in central Tehran. Smoke was still visible rising from Ayatollah Ali Khamenei’s compound following the attack that killed the supreme leader.

An image by the company Airbus taken on Saturday shows the aftermath of an Israeli strike on Iran's Leadership House in central Tehran. Iran's Supreme Leader Ayatollah Ali Khamenei was killed in the opening wave of attacks.

An image by the company Airbus taken on Saturday shows the aftermath of an Israeli strike on Iran’s Leadership House in central Tehran. Iran’s Supreme Leader Ayatollah Ali Khamenei was killed in the opening wave of attacks.

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Israel and the U.S. have gone on to strike targets across the country. Reports on social media indicate that there have been numerous military bases and compounds attacked all over Iran, and Iran has responded with attacks throughout the Middle East.

U.S. forces have also been striking at Iran’s navy. In a post on his social media platform, President Trump said that he had been briefed that U.S. forces had sunk nine Iranian naval vessels. U.S. Central Command did not immediately confirm that number but it did say it had struck an Iranian warship in port.

An image captured on February 28 shows a ship burning at Iran's naval base at Konarak.

An image captured on Saturday shows a ship burning at Iran’s naval base at Konarak.

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Numerous satellite images show burning vessels at Konarak naval base in southern Iran. Images also show damage to a nearby airbase where hardened hangers were struck by precision munitions.

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Hardened aircraft shelters at Konarak Airbase were struck with precision munitions.

Hardened aircraft shelters at Konarak airbase were struck with precision munitions.

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And there was extensive damage at a drone base in the same area. Iran has launched numerous drones and missiles toward Israel and U.S. military installations in Bahrain, Kuwait and Qatar. Many drones have been intercepted but videos on social media show that some have evaded air defenses and caused damage in nearby Gulf countries. In Dubai, debris from an Iranian drone damaged the iconic Burj Al Arab, according to a statement from Dubai’s government.

Buildings at an Iranian drone base at Konarak were destroyed in the strikes.

Buildings at an Iranian drone base at Konarak were destroyed in the strikes.

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Iran’s most powerful weapons are its long-range missiles. The Iranian Revolutionary Guards have hidden the missiles deep inside mountain tunnels. Images taken Sunday in the mountains of northern Iran indicate that some of those tunnels were hit in a wave of strikes.

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Following Khamenei’s death, Iran declared 40 days of mourning. Satellite images showed mourners gathering in Tehran’s Enghelab square on Sunday.

Iranian Foreign Ministry Spokesperson Esmail Baghaei told NPR on Sunday that Iran will continue to fight “foreign aggression, foreign domination.”

A White House official told NPR that Trump plans to talk to Iran’s interim leadership “eventually,” but that for now, U.S. operations continue in the region “unabated.”

A large crowd of mourners fill Enghelab Square in Tehran on Sunday, following the death of Iran's Supreme Leader Ayatollah Ali Khamenei, who was killed in an Israeli airstrike.

A large crowd of mourners fill Enghelab Square in Tehran on Sunday, following the death of Iran’s Supreme Leader Ayatollah Ali Khamenei, who was killed in an Israeli airstrike.

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