Politics
The 9/11 Trial: Why Are Plea Bargain Talks Underway?
GUANTÁNAMO BAY, Cuba — Pentagon prosecutors have struggled for greater than a dozen years to carry the death-penalty trial of Khalid Shaikh Mohammed, the accused mastermind of the Sept. 11, 2001, assaults, and his 4 co-defendants at Guantánamo Bay.
They’ve litigated all the pieces from Mr. Mohammed’s selection of courtroom apparel — he generally dons a paramilitary camouflage vest — to how a lot proof of C.I.A. torture the protection groups and, finally, a navy jury must be allowed to see.
Now a trial prosecutor who has been on the case because the George W. Bush administration, Clayton G. Trivett Jr., is in talks with protection attorneys about buying and selling responsible pleas for at most life in jail with out parole.
Why are the 2 sides speaking? Here’s a rundown.
Delays, Delays, Delays
Between stalled litigation through the coronavirus pandemic and the tempo of discovery and pretrial hearings, jury choice can’t begin earlier than mid-2024 — and that’s in accordance with probably the most optimistic estimate.
However that was earlier than the death-penalty lawyer for one of many defendants, Walid bin Attash, requested to stop the case, creating a possible emptiness in a key place that have to be crammed except prosecutors abandon their insistence on a joint, five-man trial.
The coronavirus has already pressured a 500-day recess. An earlier choose, the third on the case, retired at the beginning of the pandemic. The present choose, Col. Matthew N. McCall, didn’t get the project till August as a result of prosecutors thought of him too inexperienced. He has since restricted the tempo of litigation whereas he learns the courtroom report, together with 1000’s of pages of secret prosecution filings.
New Political Management
Detention operations at Guantánamo Bay, which have held 780 males and boys as detainees, have lasted for 4 administrations. Mr. Bush established the jail and courtroom system, and President Barack Obama overhauled the courtroom with the purpose of ending detainee operations. Congress thwarted him.
President Donald J. Trump maintained the operation, and promised so as to add new prisoners, however by no means did. His first legal professional normal, Jeff Classes, was against negotiations. In 2017, after Mr. Classes discovered that the senior Pentagon official overseeing the trial was discussing a plea with protection attorneys, he known as Protection Secretary Jim Mattis and declared “no deal.” Mr. Mattis fired the overseer, Harvey Rishikof, citing different causes.
President Biden got here into workplace with the purpose of ending detention operations at Guantánamo Bay.
A letter written by a lawyer at his Nationwide Safety Council acknowledges that pretrial plea offers could possibly be applicable as a approach to resolve some navy commissions instances, however stresses that the White Home takes no place on what ought to occur in any explicit matter.
New Management on Trial Groups
The long-running chief struggle crimes prosecutor, Brig. Gen. Mark S. Martins, retired from the Military in September. A good longer-serving case prosecutor, Robert Swann, left the case in late 2021. Family members of a few of the victims of the Sept. 11 assaults who’ve met the boys — together with those that oppose and favor the demise penalty — describe them as solidly dedicated to bringing the case to a capital trial.
The Persevering with Aftermath of the 9/11 Assaults
The brand new interim chief prosecutor, George C. Kraehe, an Military Reserve colonel, has delegated the authority to barter to a few civilians, all Justice Division staff, who’ve been on the case because the starting: Mr. Trivett, a Navy Reserve commander; Edward Ryan, a federal prosecutor; and Jeffrey D. Groharing, a Marine Corps Reserve colonel.
The protection groups have new management, too. Brig. Gen. Jackie L. Thompson Jr. of the Military took cost because the chief protection counsel in January and wrote Mr. Biden looking for help for resolving the case via pleas.
One of many nation’s main and longest-serving capital protection attorneys, David I. Bruck, additionally made his first courtroom look within the case in September.
The Majid Khan Case
Final yr, a navy jury’s condemnation of torture by the C.I.A. in one other struggle crimes case raised questions of whether or not prosecutors may win a unanimous death-penalty resolution even for Mr. Mohammed, 53, the accused architect of the hijackings plot.
Within the case of Majid Khan, a confessed courier for Al Qaeda, U.S. navy officers on his jury known as his merciless remedy “a stain on the ethical fiber of America” and urged the Pentagon overseer of the struggle courtroom to grant the prisoner clemency. Mr. Khan was abused rectally and saved nude, sleep disadvantaged and practically starved in the identical program of “enhanced interrogation” that tortured Mr. Mohammed, who was additionally waterboarded 183 instances.
Charles Stimson, a retired Navy choose who managed detainee coverage on the Pentagon for the Bush administration from 2005 to 2007, stated lately that the Khan case illustrated that, even when prosecutors get the Sept. 11 defendants to trial and win a conviction, “the likeness of their coming to a unanimous verdict with respect to the demise penalty is near zero.”
Negotiations are applicable even for the “worst struggle crime that has been dedicated in our lifetime,” stated Mr. Stimson, who’s now a scholar on the conservative Heritage Basis. “Any man or lady serving in the USA navy who hears concerning the remedy that these detainees had by the hands of the USA authorities goes to weigh that fairly closely within the sentencing portion of the trial. And it gained’t go over effectively.”
Extra Disclosures of Torture
At first, courtroom safety officers briefed by the intelligence businesses forbade point out of the phrase “torture” in open courtroom hearings.
A lawyer couldn’t clarify why the Saudi defendant Mustafa al-Hawsawi, 53, who’s accused of serving to the Sept. 11 hijackers with journey and bills, sat gingerly on a pillow in courtroom. In time, his attorneys have been allowed to say he was sodomized by the C.I.A. throughout his detention within the black websites.
The extra time has handed, the extra grisly particulars about this system that held and tortured the defendants between 2002 and 2006 have emerged — regardless of claims by prosecutors for years that the protection groups had all of the proof they wanted to organize for trial.
However three of the presiding judges have ordered the disclosure of increasingly more info, usually requiring permission of the C.I.A. or different intelligence businesses.
Since getting the case over the summer time, protection attorneys say, Colonel McCall has ordered much more disclosures.
In these conditions, if prosecutors invoke a nationwide safety privilege and refuse to supply the fabric, the choose can order cures. He may droop the case till the federal government turns over the knowledge. He may dismiss the case. Or he may downgrade it by making life in jail the last word potential sentence
Mounting Psychological Sickness Claims
Attorneys for Mr. Mohammed’s nephew, Ammar al-Baluchi, 44, have lengthy argued that the prisoner is mind broken because of his torture by the C.I.A., and that he wants rehabilitation that the navy at Guantánamo can’t present.
His protection group lately submitted materials to a federal courtroom panel a few 2003 episode through which C.I.A. trainees have been taught an enhanced interrogation approach known as “walling.” They took turns slamming his head right into a wall till he blacked out.
The well being of the person accused of serving as a deputy to Mr. Mohammed within the Sept. 11 plot, Ramzi bin al-Shibh, 49, has additionally lengthy clouded the case. At first, his claims that he was being sleep disadvantaged by outdoors forces making noises and vibrating his jail cell interfered together with his attorneys capability to craft a protection. Lately, the issues escalated to him howling from sharp pinprick pains in his genitals and different physique elements.
Final month, the U.S. navy delivered to Saudi Arabia for psychiatric care a schizophrenic prisoner whose torture by U.S. forces way back made him ineligible for the Sept. 11 conspiracy trial. That man, Mohammed al-Qahtani, was held at Guantánamo because the suspected would-be twentieth hijacker for twenty years, solely to be advisable for launch after a Navy physician concluded he couldn’t get correct care on the jail.
Altering Political Local weather
Be it distraction by the occasions in Ukraine or a way that one thing has modified 20 years after the Sept. 11 assaults, few Republicans protested the choice to launch Mr. Qahtani, main some critics of the navy jail in Cuba to recommend that Guantánamo has receded as a political rallying level.
“The Bush administration tortured the defendants and constructed a system to keep away from the results of it,” stated Scott Roehm, the Washington director of the Heart for Victims of Torture. “That was by no means going to work.”
He known as it noteworthy that, whereas just a few Republicans made an impassioned protection of the necessity to maintain Guantánamo open, none of them spoke up at a Senate Judiciary Committee assembly in December after the chief protection counsel on the time, Brig. Gen. John G. Baker, argued for the “negotiated decision of the instances.”
“A lot of the listening to was a dialogue of plea offers,” Mr. Roehm stated. “And no one stated: ‘That is loopy. Don’t do that. We object to a plea technique.’ There wasn’t any push again in any respect.”
As a substitute, Senator Lindsey Graham, Republican of South Carolina, provided a spirited protection of Guantánamo-style detention below the legal guidelines of struggle.
“I’ve by no means accepted the false selection of ‘strive them or launch them,’” he stated. “You possibly can maintain anyone till they die as an enemy combatant if it’s unsafe to launch them if the struggle shouldn’t be over.”
“If we will strive them, nice,” stated Mr. Graham, a retired Air Power JAG colonel. “If we will’t, let’s maintain them.”
Politics
Biden thankful for smooth transition of power, urges Trump to 'rethink' tariffs on Canada and Mexico
President Biden on Thanksgiving said he was thankful that the transition of power to a second Trump administration has gone smoothly, while urging the incoming commander-in-chief to “rethink” threats to impose steep tariffs on Mexican and Canadian goods.
“I hope that [President-elect Trump] rethinks it. I think it’s a counterproductive thing to do,” Biden told reporters Thursday on the island of Nantucket, Massachusetts, where he was spending the holiday with family. “We’re surrounded by the Pacific Ocean and the Atlantic Oceans and two allies — Mexico and Canada. The last thing we need to do is begin to screw up those relationships. I think that we got them in a good place.”
Earlier this week, Trump vowed to impose 25% tariffs on Mexico and Canada in an effort to get both nations to do more to stop the flow of illegal immigrants and illicit drugs into the U.S. Trump spoke with Mexican President Claudia Sheinbaum Pardo on Wednesday, and both apparently came to an understanding, he said.
CHINA FREES US PASTOR AFTER NEARLY 20 YEARS OF WRONGFUL DETAINMENT
“She has agreed to stop Migration through Mexico, and into the United States, effectively closing our Southern Border,” Trump wrote on Truth Social. “We also talked about what can be done to stop the massive drug inflow into the United States, and also, U.S. consumption of these drugs. It was a very productive conversation!”
Trump also threatened to impose an additional 10% tariff on China. Biden said Chinese President Xi Jinping “doesn’t want to make a mistake.”
“I am not saying he is our best buddy, but he understands what’s at stake,” he said.
DONALD TRUMP CALLS ON THE NEW YORK TIMES TO APOLOGIZE FOR ‘GETTING YEARS OF TRUMP COVERAGE WRONG’
President Biden also said Thursday that illegal border crossings have been “down considerably” since Trump’s first term in office. Trump heavily campaigned on the border crisis that exploded after Biden took office.
The president also said he was pleased with the cease-fire deal between Israel and Lebanon and that he was “very, very happy” about China releasing three Americans who were “wrongfully detained” for several years.
Regarding the transition from his presidency to a second Trump administration, Biden said he wants the process to occur without any hiccups.
“I want to make sure it goes smoothly. And all the talk about what he is going to do and not do, I think that maybe it is a little bit of internal reckoning on his part,” he said.
Politics
Opinion: This Thanksgiving, I'm grateful for Sen. Mitch McConnell
A coping mechanism I’ve adopted since the election of Donald Trump, a man more deserving of prison than the presidency, is to look for reasons for even the slightest optimism about the nation’s governance over the next four years. To that end, this Thanksgiving I’m grateful for the Republican “Grim Reaper,” Mitch McConnell.
Really.
Yes, I’m saying I’m thankful for the sour senator from Kentucky who’s built a turkey of a legacy: Fighting for years, up to a conservative Supreme Court, to successfully decapitate limits on campaign contributions from corporations and special interests. Stuffing that court and lower benches with far-right jurists. Finally, engineering Trump’s Senate acquittal after the House impeached him for inciting an insurrection that trashed the Capitol McConnell professes to revere.
Opinion Columnist
Jackie Calmes
Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.
It’s because of that last McConnell “achievement” that we face Trump 2.0. Had the Senate convicted Trump in February 2021, it probably would have followed with a vote to bar him from running for office again, as the Senate has for impeached and convicted judges.
So here we are, and McConnell too.
At 82, the longest-serving party leader in Senate history is voluntarily surrendering his crown to mentee Sen. John Thune of South Dakota. He will serve the last two years of his seventh and perhaps final term among the rank and file of the Republican majority. It’s McConnell’s just deserts to take a demotion as Trump returns to the summit: For all of McConnell’s past services to the once and future president, since Jan. 6 the two men have loathed each other more than I loathe marshmallows on sweet potatoes.
Familiar as he is with power, McConnell is well aware of who holds it now. Still, he won’t be without clout in Trump’s Washington. He won’t retreat to the backbenches or bend the knee. He even relishes the schoolyard nickname Trump gave him — “Old Crow” — doling out bottles of the Kentucky bourbon with his mug on the label.
McConnell may be stooped with age, but he’s suggesting publicly and privately that he’ll rise to the occasion as leader of a Republican resistance in the Senate, providing cover to others, should Trump overreach. The president-elect already has done so with some grotesque Cabinet choices, preceded by his anticonstitutional demand that senators forfeit their “advice and consent” power and instead be rubber stamps. McConnell’s nearly immediate response amounted to “No way.”
If Trump, as president, carries through on his threat to illegally impound funds that Congress approves, expect McConnell to cry foul, and even back a court challenge. Most of all, look for McConnell — who will chair the defense spending subcommittee — to stand for continued U.S. leadership in the world, especially in support of Ukraine and NATO. That posture will surely ruffle the feathers of an “America First” president enamored of dictators and disdainful of allies.
“Opposition to Ukraine is about as much nonsense as [saying] Biden wasn’t legitimately elected,” McConnell says in a bite at Trump in a new biography, “The Price of Power.”
I’m not naive. McConnell will go along with many Trump actions, including serving up a bounty of unaffordable new tax cuts to the wealthy and corporations, urging Americans to gorge on fossil fuels and, again, stuffing the courts with right-wing ideologues.
Yet recall the ancient proverb: The enemy of my enemy is my friend.
As ruthless and rule-bending as McConnell has been on judicial confirmations and more, I’m betting he’ll respect institutional and constitutional lines that Trump scornfully crosses, and recruit a few other Republican senators to help hold those lines. A few Republicans are all that’s needed when the party’s majority is a narrow 53 to 47; Trump can lose just four votes if Democrats are united in opposition. I count up to a dozen Republicans who could take turns to buck Trump occasionally, which would dilute the political pain of Trump’s wrath.
On Trump’s nominations, for instance. Ex-con Stephen K. Bannon, among other MAGA militants, blamed McConnell (“You gotta give the devil its due”) for whipping up opposition that forced the unsavory former Rep. Matt Gaetz of Florida off the menu as Trump’s nominee for attorney general. Publicly, too, McConnell was no chicken, as he countered Trump’s call to let nominees slide through as recess appointments.
“Each of these nominees needs to come before the Senate and go through the process and be vetted,” McConnell said two weeks ago. The institutionalist in him knows that, under the Constitution, the Senate’s power to confirm nominees is equal to a president’s in naming them.
Among those he could help defeat are Trump’s worst picks: Tulsi Gabbard, Pete Hegseth and Robert F. Kennedy Jr., the candidates to head intelligence, defense and health, respectively. A polio survivor, McConnell surely chokes on Kennedy’s anti-vax rhetoric. Likewise for Gabbard’s and Hegseth’s echoes of Trump’s skepticism and Vladimir Putin’s talking points on Ukraine.
McConnell has little to lose. He’ll be liberated in the new Congress, he told his biographer, Michael Tackett, no longer required as party leader to attend to the appetites of moderate and MAGA Republicans alike. He’s not expected to seek reelection in 2026. Sure, he’s unpopular nationally, in both parties. But inside the Senate, most Republicans respect and even like him. His outsized standing there will parallel that of former House Speaker and GOAT Nancy Pelosi, whom he praised last month: “I think Pelosi has done a pretty good job as a former speaker, still being able to express herself and have an audience.”
Similarly, Republican Sen. Lindsey Graham of South Carolina predicted of McConnell, “When he speaks, people will listen.”
Forget the turkey. I’m bringing the popcorn. And rooting for the Old Crow.
@jackiekcalmes
Politics
What is Evacuation Day? The forgotten holiday that predates Thanksgiving
When President Abraham Lincoln first proclaimed Thanksgiving a national holiday, little did he know he was spelling the beginning of the end to the prominence of the original patriotic celebration held during the last week of November: Evacuation Day.
In November 1863, Lincoln issued an order thanking God for harvest blessings, and by the 1940s, Congress had declared the 11th month of the calendar year’s fourth Thursday to be Thanksgiving Day.
That commemoration, though, combined with the gradual move toward détente with what is now the U.S.’ strongest ally – Great Britain – displaced the day Americans celebrated the last of the Redcoats fleeing their land.
Following the Declaration of Independence in Philadelphia in 1776, New York City, just 99 miles to the northeast, remained a British stronghold until the end of the Revolutionary War.
Captured Continentals were held aboard prison ships in New York Harbor and British political activity in the West was anchored in the Big Apple, according to the Department of Veterans Affairs.
GEORGE WASHINGTON’S SACRED TRADITION
However, that all came crashing down on the crown after the Treaty of Paris was signed, and new “Americans” eagerly saw the British out of their hard-won home on Nov. 25, 1783.
In their haste to flee the U.S., the British took time to grease flagpoles that still flew the Union Jack. One prominent post was at Bennett Park – on present-day West 183 Street near the northern tip of Manhattan.
Undeterred, Sgt. John van Arsdale, a Revolution veteran, cobbled together cleats that allowed him to climb the slick pole and tear down the then-enemy flag. Van Arsdale replaced it with the Stars and Stripes – and without today’s skyscrapers in the way, the change of colors at the island’s highest point could be seen farther downtown.
In the harbor, a final blast from a British warship aimed for Staten Island, but missed a crowd that had assembled to watch the 6,000-man military begin its journey back across the Atlantic to King George III.
SYLVESTER STALLONE CALLS TRUMP ‘THE SECOND GEORGE WASHINGTON’
Later that day, future President George Washington and New York Gov. George Clinton – who had negotiated “evacuation” with England’s Canadian Gov. Sir Guy Carleton – led a military march down Broadway through throngs of revelers to what would today be the Wall Street financial district at the other end of Manhattan.
Clinton hosted Washington for dinner and a “Farewell Toast” at nearby Fraunces’ Tavern, which houses a museum dedicated to the original U.S. holiday. Samuel Fraunces, who owned the watering hole, provided food and reportedly intelligence to the Continental Army.
Washington convened at Fraunces’ just over a week later to announce his leave from the Army, surrounded by Clinton and other top Revolutionary figures like German-born Gen. Friedrich von Steuben – whom New York’s Oktoberfest-styled parade officially honors.
“With a heart full of love and gratitude, I now take leave of you. I most devoutly wish that your latter days may be as prosperous and happy, as your former ones have been glorious and honorable,” Washington said.
Before Lincoln – and later Congress – normalized Thanksgiving as the mass family affair it has become, Evacuation Day was more prominent than both its successor and Independence Day, according to several sources, including Untapped New York.
Nov. 25 was a school holiday in the 19th century and people re-created van Arsdale’s climb up the Bennett Park flagpole. Formal dinners were held at the Plaza Hotel and other upscale institutions for many years, according to the outlet.
An official parade reminiscent of today’s Macy’s Thanksgiving Parade was held every year in New York until the 1910s.
As diplomatic relations with the United Kingdom warmed heading into the 20th century and the U.S. alliance with London during the World Wars proved crucial, celebrating Evacuation Day became less and less prominent.
Into the 2010s, however, commemorative flag-raisings have been sporadically held at Bowling Green, the southern endpoint of Broadway. On the original Evacuation Day, Washington’s dinner at Fraunces Tavern was preceded by the new U.S. Army marching down the iconic avenue to formally take back New York.
Thirteen toasts – marking the number of United States – were raised at Fraunces, each one spelling out the new government’s hope for the new nation or giving thanks to those who helped it come to be.
An aide to Washington wrote them down for posterity, and the Sons of the American Revolution recite them at an annual dinner, according to the tavern’s museum site.
“To the United States of America,” the first toast went. The second honored King Louis XVI, whose French Army was crucial in America’s victory.
“To the vindicators of the rights of mankind in every quarter of the globe,” read another. “May a close union of the states guard the temple they have erected to liberty.”
The 13th offered a warning to any other country that might ever seek to invade the new U.S.:
“May the remembrance of this day be a lesson to princes.”
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