Biden administration rejects use of testimony obtained under torture in Guantánamo trial

Mr Nashiri’s lawyers were exploring a possible defense theory that the US had already killed plotters of the Cole attack who were older a...


Mr Nashiri’s lawyers were exploring a possible defense theory that the US had already killed plotters of the Cole attack who were older and more culpable. Prosecutors asked the judge to end that investigation, pointing to a classified cable that said Mr. Nashiri told CIA agents while being interrogated in a secret prison in Afghanistan that Mr. Fadhli had not been involved.

Defense attorneys said the law prohibits the use of the statement – ​​or any statement by a defendant derived from torture or other cruel, inhuman or degrading treatment – ​​throughout the proceedings. Prosecutors argued there was an exception for the time a judge was deciding pre-trial issues before a military jury was chosen to hear a case.

Military judge Col. Lanny J. Acosta Jr. agreed with prosecutors in a decision dated May 18, 2021, which still stands.

Defense attorneys in the case said Tuesday they were troubled by language in the Justice Department filing that left open the possibility of an exception for future administration, especially given the longevity of the lawsuit. ‘charge. It was originally conceived by the Bush administration and continued by the Obama administration. It has suffered long delays caused by prosecution and defense appeals against decisions by Guantánamo judges.

“It is a source of concern,” said Michel Paradis, appeals lawyer for Mr. Nashiri, who works for the Ministry of Defense. “The Trump administration has a very different view of torture than the Biden administration. And this pleading leaves open the discretion to change their position.

Also of concern, he said, was the government’s disclosure in Monday night’s filing that a war tribunal prosecutor, in a review of 100,000 pages of secret files, uncovered another case where the Prosecutors relied on something Mr. Nashiri said to the CIA at one of their black sites. It was in a file from 2014.

Defense attorneys were unaware of the use of black site reporting because at the national security court prosecutors can give information to the judge unilaterally as part of a process that allows them to protect, redact or restate classified information. Defense attorneys were weighing on Tuesday whether to seek a more vigorous and independent review of the 100,000 pages.

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Newsrust - US Top News: Biden administration rejects use of testimony obtained under torture in Guantánamo trial
Biden administration rejects use of testimony obtained under torture in Guantánamo trial
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