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☆ Sept. 11 Trial Plea Negotiations Still Underway at Guantánamo Bay
▼ + stars: | 2024-05-01 | by ( Carol Rosenberg | More About Carol Rosenberg | ) www.nytimes.com time to read: +1 min

Prosecutors and defense lawyers are still negotiating toward a plea agreement for the men accused of plotting the Sept. 11, 2001, attacks despite the Biden administration’s refusal to endorse certain proposed conditions, the lead prosecutor said in court on Wednesday at Guantánamo Bay. “This is all whirling around us,” said Clayton G. Trivett Jr., the prosecutor, discussing key details of the negotiations in open court for the first time. He added that “around the edges we have agreed to do things” and that “the positions that we took at the time are still available.”In mostly secret negotiations in 2022 and 2003, prosecutors offered to drop the death penalty from the case in exchange for detailed admissions by the accused architect, Khalid Shaikh Mohammed, and four other men who are charged as his accomplices in the hijackings that killed nearly 3,000 people. Since then, one of the five men has been ruled not mentally competent to stand trial. The occasion of the briefing was a legal filing by lawyers for Ammar al-Baluchi, one of the defendants and Mr. Mohammed’s nephew, asking the judge to dismiss the case or at least the possibility of a death penalty because of real or apparent political interference by Senator Ted Cruz, Republican of Texas, and other members of Congress last summer.

Persons: Biden, ”, Clayton G, Trivett Jr, Khalid Shaikh Mohammed, Ammar al, Mohammed’s, Ted Cruz Organizations: Republican Locations: Guantánamo, Texas

☆ C.I.A. Violently Cut Off 9/11 Suspect When He Tried to Talk About Attacks
▼ + stars: | 2024-02-29 | by ( Carol Rosenberg | ) www.nytimes.com time to read: +1 min

wanted him to discuss Al Qaeda’s future plans, not the attacks that had horrified America a year and a half earlier, Dr. James E. Mitchell, the psychologist, said. So when the prisoner, Khalid Shaikh Mohammed, mentioned Sept. 11, they would slam him, naked, into a wall. That month, interrogators would waterboard Mr. Mohammed 183 times at a secret overseas C.I.A. prison in the mistaken belief, Dr. Mitchell said, that a nuclear attack in the United States was imminent. But Mr. Mohammed still was not saying what his captors wanted to hear.

Persons: Al Qaeda’s, James E, Mitchell, Khalid Shaikh Mohammed, Mr, Mohammed, ” Dr Locations: America, United States

☆ Lost Witnesses and Faded Memories Impede Progress in Sept. 11 Case
▼ + stars: | 2024-02-23 | by ( Carol Rosenberg | ) www.nytimes.com time to read: +1 min

On Wednesday, Dr. James E. Mitchell told a stunned courtroom that episode had not happened. “I didn’t say anything about killing his son,” said Dr. Mitchell, a retired Air Force psychologist who in 2003 waterboarded Mr. Mohammed 183 times for the C.I.A. “He didn’t have sons until later.”Dr. Mitchell later acknowledged he had forgotten his threat. But the episode underscores a new challenge for the military court in the case against four prisoners who are accused of conspiring in the attacks that killed nearly 3,000 people on Sept. 11, 2001: the fading memories and unavailability of witnesses whose testimony is central to getting the death-penalty case to trial. Testimony and other evidence often deteriorate over time, which is one reason that criminal defendants and their victims are entitled to a speedy trial.

Persons: Khalid Shaikh Mohammed, James E, Mitchell, ”, Mr, Mohammed, ” Dr Organizations: Air Force Locations: U.S

☆ Long-Serving Prosecutor Quits Sept. 11 Case at Guantánamo Bay
▼ + stars: | 2024-02-08 | by ( Carol Rosenberg | ) www.nytimes.com time to read: +1 min

One of the longest-serving prosecutors in the Sept. 11, 2001, case is stepping down, citing the pressure of his repeated trips to Guantánamo Bay on him and his family. The prosecutor, Edward R. Ryan, is a Justice Department lawyer who served on a team of civilian and military prosecutors who for 15 years have sought to start the trial of Khalid Shaikh Mohammed and four other prisoners accused of conspiring in the hijackings that killed nearly 3,000 people in New York, in Pennsylvania and at the Pentagon. Mr. Ryan’s decision was seen as a sign that the case would not be going to trial anytime soon. He represented the government at the prisoners’ original court appearance at Guantánamo in 2008 and participated in nearly all the pretrial hearings since then. On Wednesday, Mr. Ryan told family members of victims of the attacks by email that he was leaving “with the heaviest heart” to return to North Carolina, where he was a federal prosecutor before his Guantánamo assignment.

Persons: Edward R, Ryan, Khalid Shaikh Mohammed, Ryan’s Organizations: Justice Department, Pentagon Locations: New York, Pennsylvania, Guantánamo, North Carolina

☆ U.S. Offers Tapes From Bugged Guantánamo Prison Yard as Evidence in 9/11 Case
▼ + stars: | 2023-11-17 | by ( Carol Rosenberg | More About Carol Rosenberg | ) www.nytimes.com time to read: +1 min

The move comes as prosecutors have considered new ways to counter claims by defense lawyers that torture by the C.I.A. interrogations of Mr. Mohammed and his accused accomplices to produce confessions the government considers its most important trial evidence. It also shed light on an eavesdropping operation whose existence has until now never been formally acknowledged. vouched for a transcript of Mr. Mohammed describing how he learned when the hijackers would strike. Under a classified prison program, more than a dozen suspected terrorists, who had been subjected to years of solitary confinement and tortured by the C.I.A., were granted an hour of recreation time in earshot of another isolated prisoner.

Persons: Khalid Shaikh Mohammed, Mohammed Locations: Iraqi American, Guantánamo, earshot

☆ Judge Severs Man Accused in the 9/11 Attacks From Guantánamo Trial
▼ + stars: | 2023-09-21 | by ( Carol Rosenberg | More About Carol Rosenberg | ) www.nytimes.com time to read: 1 min

A military judge ruled on Thursday that a defendant in the Sept. 11 case who was tortured by the C.I.A. was ineligible for a death-penalty trial, adopting a finding that the prisoner was too psychologically damaged to help defend himself. Col. Matthew N. McCall, the judge, disqualified Ramzi bin al-Shibh, 51, from what had been a five-defendant conspiracy case in an 11-page ruling on Thursday evening. Mr. bin al-Shibh was charged as an accomplice in the attacks that killed 2,976 people, and is accused of helping organize a cell of hijackers in Hamburg, Germany, whose leader commandeered Flight No. 11 and flew it into the World Trade Center on Sept. 11, 2001.

Persons: Matthew N, McCall, Ramzi bin al, bin, Shibh, Khalid Shaikh Mohammed Organizations: World Trade Locations: Hamburg, Germany

☆ Sanity Question and Plea Talks Shadow Coming Sept. 11 Hearings
▼ + stars: | 2023-09-11 | by ( Carol Rosenberg | More About Carol Rosenberg | ) www.nytimes.com time to read: +1 min

Prosecutors have issued a new deadline — Sept. 18 — for four detainees at the American military prison at Guantánamo Bay, Cuba, to show their willingness to plead guilty to plotting the attacks of Sept. 11, 2001, and receive a maximum punishment of life in prison. The fifth defendant in the case has been found incompetent to stand trial and is likely to be removed from the case. Without a challenge, the judge is expected to sever him from the case when hearings resume next week after a 22-month hiatus. They describe the deadline as driven by the scheduled Oct. 7 departure of the current overseer of the case, Jeffrey D. Wood. In March 2022, Mr. Wood authorized prosecutors to pursue guilty pleas that would spare the defendants a capital trial to resolve the long-running case.

Persons: Ramzi bin al, Prosecutors, Khalid Shaikh Mohammed, Jeffrey D, Wood Organizations: Mr Locations: Guantánamo Bay, Cuba

☆ Man Accused in 9/11 Plot Is Not Fit to Face Trial, Board Says
▼ + stars: | 2023-08-25 | by ( Carol Rosenberg | More About Carol Rosenberg | ) www.nytimes.com time to read: +1 min

The finding is the latest setback to prosecution efforts to bring the long-running capital cases at Guantánamo Bay to trial. Last week, a military judge threw out the confession of a man accused of plotting the U.S.S. The question of Mr. bin al-Shibh’s sanity, and capacity to help his lawyers defend him, has shadowed the Sept. 11 conspiracy case since his first court appearance in 2008. He has disrupted pretrial hearings over the years with outbursts, and in court and in filings complained that the C.I.A. The five men are accused of conspiring in the plane hijackings in 2001 that killed nearly 3,000 people in New York City, at the Pentagon and in Pennsylvania.

Persons: Ramzi bin al, bin, Khalid Shaikh Mohammed Organizations: Pentagon Locations: Cole, New York City, Pennsylvania

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