Administration halts prosecution of alleged USS Cole bomber

[Renae]

washingtonpost.com

The Obama administration has shelved the planned prosecution of Abd al-Rahim al-Nashiri, the alleged coordinator of the Oct. 2000 suicide attack on the USS Cole in Yemen, according to a court filing.

The decision at least temporarily scuttles what was supposed to be the signature trial of a major al-Qaeda figure under a reformed system of military commissions. And it comes practically on the eve of the 10th anniversary of the attack, which killed 17 sailors and wounded dozens when a boat packed with explosives ripped a hole in the side of the warship in the port of Aden.

In a filing this week in the U.S. Court of Appeals for the District of Columbia, the Justice Department said that "no charges are either pending or contemplated with respect to al-Nashiri in the near future."

The statement, tucked into a motion to dismiss a petition by Nashiri's attorneys, suggests that the prospect of further military trials for detainees held at Guantanamo Bay, Cuba, has all but ground to a halt, much as the administration's plan to try the accused plotters of the Sept. 11, 2001, attacks in federal court has stalled.

Does the Obama Admin have a plan? Do they have a clue here?

 

[Renae]

I probably shouldn't have posted this, it's obvious that I only posted this to try and show Obama is secretly a Muslim and he's protecting his people in their war!!!!

 

[Grim17]

I probably shouldn't have posted this, it's obvious that I only posted this to try and show Obama is secretly a Muslim and he's protecting his people in their war!!!!

You don't have to lead an Obamite to water... They'll drink anyway.

 

[justabubba]

I probably shouldn't have posted this, it's obvious that I only posted this to try and show Obama is secretly a Muslim and he's protecting his people in their war!!!!

that went without saying

 

[Renae]

You don't have to lead an Obamite to water... They'll drink anyway.

I'm secretly an Islamic Bigot who believe Obama has turned the WH into a Mosque and is out to institute Sharia Law on America.

:roll:

ANYHOOTS...

This is really piss poor timing on the WH's part, do they WANT the dems to get wasted in the election?

 

[Grim17]

I'm secretly an Islamic Bigot who believe Obama has turned the WH into a Mosque and is out to institute Sharia Law on America.

:roll:

ANYHOOTS...

This is really piss poor timing on the WH's part, do they WANT the dems to get wasted in the election?

To me, this demonstrates just how totally clueless this administration is. They don't even know how to play politics right.

 

[Renae]

To me, this demonstrates just how totally clueless this administration is. They don't even know how to play politics right.

Which is odd considering how well they pulled off 2008... makes you wonder were they really that good or was McCain that incompetent???

 

[Kernel Sanders]

So are they releasing him or holding him without a trial?

 

[Renae]

The latter from what I see.

 

[Objective Voice]

First off, the article says, the trail has been temporarily halted, not dismissed. If you read further than just the first two paragraphs, you'll note that there are evidenciary problems with holding these military commissions, i.e., witness testimony but more specifically evidence obtained by "questionable and potentially unlawful methods" that were either refined or "outlawed" (so to speak) during the GW Bush administration.

Such indirect testimony could be critical to a conviction because any incriminating statements Nashiri might have made are probably inadmissible under the 2009 Military Commissions Act, which bars the use of evidence obtained through torture or cruel, inhuman or degrading treatment.

"I am very confident, based upon what I have heard, that there is more than sufficient evidence linking him to the attack on Cole directly, and that they do not need any of the information that may have come from black site interviews and interrogations," said Kirk S. Lippold, who was commander of the Cole when it was attacked.

Reyes said Nashiri's treatment at the hands of the CIA will be part of any proceeding and will be relevant to any sentence he receives if he is found guilty. The government is expected to seek the death penalty.

"I'm not admitting to guilty, but his treatment is absolutely relevant in a death case and can be used in mitigation to lessen the sentence," Reyes said.

And before anyone says it, this isn't "blame Bush". The situation is what it is. But those so-called "enhanced interrogation techniques" that were lauded as necessary and completely lawful apparently aren't helping build a case against Nashiri now, are they?

I probably shouldn't have posted this, it's obvious that I only posted this to try and show Obama is secretly a Muslim and he's protecting his people in their war!!!!

If the BS fits...

Just saying...

So are they releasing him or holding him without a trial?

Oh, he'll remain at Gitmo until the details concerning the evidence are straightened out. Believe me, this man is going NOWHERE! And if he does get released, as a Navy vet who was on active duty at the time the USS COLE was attacked, I will make it a point to travel to DC and picket my damned self!...alone if I have to!! This SOB will NOT get off the hook for what he did!!! I'm making that call now!

 

[justabubba]

washingtonpost.com



Does the Obama Admin have a plan? Do they have a clue here?

absolutely. their plan is to get a conviction that is found credible, internationally, rather than proceeding with a case which might very well fail because of the reliance on testimony to be found inadmissible because it was realized thru duress
from your own cite:

... any incriminating statements Nashiri might have made are probably inadmissible under the 2009 Military Commissions Act, which bars the use of evidence obtained through torture or cruel, inhuman or degrading treatment.

this comes from your cited article, and is attributed to the white house:

"We are confident that the reformed military commissions are a lawful, fair and effective prosecutorial forum and that the Department of Defense will handle the referrals in an appropriate manner consistent with the interests of justice," said the official, who also spoke on the condition of anonymity.

"I am very confident, based upon what I have heard, that there is more than sufficient evidence linking him to the attack on Cole directly, and that they do not need any of the information that may have come from black site interviews and interrogations," said Kirk S. Lippold, who was commander of the Cole when it was attacked.

yep. appears the plan of this administration is to be competent, unlike its predecessor

 

[Renae]

First off, the article says, the trail has been temporarily halted, not dismissed. If you read further than just the first two paragraphs, you'll note that there are evidenciary problems with holding these military commissions, i.e., witness testimony but more specifically evidence obtained by "questionable and potentially unlawful methods" that were either refined or "outlawed" (so to speak) during the GW Bush administration.



And before anyone says it, this isn't "blame Bush". The situation is what it is.

Really, it's just an excuse to show Obama's a Muslim defending his peeps, dawg.

 

[Renae]

absolutely. their plan is to get a conviction that is found credible, internationally, rather than proceeding with a case which might very well fail because of the reliance on testimony to be found inadmissible because it was realized thru duress
from your own cite:
this comes from your cited article, and is attributed to the white house:

yep. appears the plan of this administration is to be competent, unlike its predecessor

2 years man, two years. What I see is Obama's push to reform and make Terrorism a "legal" matter has gummed the system up something fierce. This guy was caught under one set of rules, but now they want to try him under a new set. It'd be like... saying DNA Evidence is the only admissible evidence now when you go to try a guy caught 10 years ago when such wasn't available. They couldn't see these problems coming??

 

[Harshaw]

So, holding him indefinitely with no charges even "contemplated" is suddenly all perfectly sensible, rational, and logical . . . because it's Obama?

 

[RightinNYC]

First off, the article says, the trail has been temporarily halted, not dismissed. If you read further than just the first two paragraphs, you'll note that there are evidenciary problems with holding these military commissions, i.e., witness testimony but more specifically evidence obtained by "questionable and potentially unlawful methods" that were either refined or "outlawed" (so to speak) during the GW Bush administration.



And before anyone says it, this isn't "blame Bush". The situation is what it is. But those so-called "enhanced interrogation techniques" that were lauded as necessary and completely lawful apparently aren't helping build a case against Nashiri now, are they?

Just saying...

The Bush Administration wasn't that concerned about the prospect of not being able to use that evidence because it was usable until the MCA of 2009 banned it.

 

[Redress]

I probably shouldn't have posted this, it's obvious that I only posted this to try and show Obama is secretly a Muslim and he's protecting his people in their war!!!!

Pre-emptive straw man. Impressive strategy!

Some thoughts:

1) the article is slim on details. My initial reaction is I am not happy, but I want more details before judging.

2) The right wing circle jerk in this thread is hilarious. Trying to define liberal positions before they even comment is a very low strategy.

 

[Renae]

So, holding him indefinitely with no charges even "contemplated" is suddenly all perfectly sensible, rational, and logical . . . because it's Obama?

Actually, it's a blame bush moment, really... those that think other wise are like crazy birthers but instead are trying to tie Obama to Islam, which is EXACTLY what you are doing here Harshaw, you should be SOOO ashamed dude.

 

[Deuce]

Really, it's just an excuse to show Obama's a Muslim defending his peeps, dawg.

It's really weird when the OP is replying to himself and deliberately setting up a straw man so that he can reply to his own reply and destroy his own straw man. How many voices are in your head?

 

[Renae]

The Bush Administration wasn't that concerned about the prospect of not being able to use that evidence because it was usable until the MCA of 2009 banned it.

Bingo. We have a WINNER!

Like I said two posts above Rights... only he did it a little better.

 

[Renae]

Pre-emptive straw man. Impressive strategy!

Some thoughts:

1) the article is slim on details. My initial reaction is I am not happy, but I want more details before judging.

2) The right wing circle jerk in this thread is hilarious. Trying to define liberal positions before they even comment is a very low strategy.

You guys have made it clear that any thread that had Obama and Islam involved, posted by the Right, is really just inherent bigotry trying to hide behind a legit story. It's the only reason we posts these don'tcha know? :roll:

And look, here's the Obama's admin not trying the USS Cole bomber. Obviously the only reason I posted this was because I believe Obama is defending his peeps, dawg.

 

[Deuce]

Pre-emptive straw man. Impressive strategy!

Some thoughts:

1) the article is slim on details. My initial reaction is I am not happy, but I want more details before judging.

2) The right wing circle jerk in this thread is hilarious. Trying to define liberal positions before they even comment is a very low strategy.

This is not a new thing from conservatives.

 

[justabubba]

You guys have made it clear that any thread that had Obama and Islam involved, posted by the Right, is really just inherent bigotry trying to hide behind a legit story. It's the only reason we posts these don'tcha know? :roll:

And look, here's the Obama's admin not trying the USS Cole bomber. Obviously the only reason I posted this was because I believe Obama is defending his peeps, dawg.

[emphasis by bubba since some obviously need the crayon]
appears you did not read all of your cite, dawg:

The Defense Department issued a statement Thursday saying the case is not stalled. "Prosecutors in the Office of Military Commissions are actively investigating the case against Mr. al-Nashiri and are developing charges against him," the statement said.

 

[Renae]

[emphasis by bubba since some obviously need the crayon]
appears you did not read all of your cite, dawg:

Military officials said a team of prosecutors in the Nashiri case has been ready go to trial for some time. And several months ago, military officials seemed confident that Nashiri would be arraigned this summer.

"It's politics at this point," said one military official who spoke on the condition of anonymity to discuss policy. He said he thinks the administration does not want to proceed against a high-value detainee without some prospect of civilian trials for other major figures at Guantanamo Bay.

I read my source. Read it and weep bub.

 

[Redress]

You guys have made it clear that any thread that had Obama and Islam involved, posted by the Right, is really just inherent bigotry trying to hide behind a legit story. It's the only reason we posts these don'tcha know? :roll:

And look, here's the Obama's admin not trying the USS Cole bomber. Obviously the only reason I posted this was because I believe Obama is defending his peeps, dawg.

Actually, that is just your twisted view on what "us guys" have said. It's not my fault you are confused.

 

[RightinNYC]

[emphasis by bubba since some obviously need the crayon]
appears you did not read all of your cite, dawg:

Realistically, of course they're going to say that. I'm sure they're also actively working to track down the people who stole the Dude's car. They got them working in shifts.

The point is that being made by the rest of the article - the prosecution is at best "delayed," at worst "indefinitely halted."