9/11 Families Send Letter Decrying Politicization Of GITMO Military Commissions

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9/11 Victims' Families Send Letter Decrying Politicization Of Guantánamo Military Commissions

http://www.aclu.org/safefree/detention/35515prs20080603.html

(6/3/2008)
FOR IMMEDIATE RELEASE
CONTACT: (646) 206-8643 or (212) 549-2666; media@aclu.org

NEW YORK — Family members of 9/11 victims have sent a letter today to Susan Crawford, Convening Authority of the Guantánamo military commissions, sharply criticizing the politicization of the system. According to news reports, a Pentagon representative secretly invited an outspoken supporter of the military commissions to Guantánamo Bay for Thursday's arraignment of Khalid Sheikh Mohammed and four other detainees on terrorism-related charges, but did not make this option available to family members who have expressed criticism of the commissions. This type of politicization is symptomatic of the unconstitutional and biased tribunal system, according to the American Civil Liberties Union.

The letter echoes the widespread call for a system to try the Guantánamo detainees that adheres to the Constitution, stating, "As people who lost loved ones in the terrorist attacks of 9/11, we want nothing more than to see that justice is served in the prosecution of suspects. However, we know that no justice will come out of a system that has been compromised by politics and stripped of the rule of law."

The military commission proceedings have been subject to unlawful political influence since they started. After holding detainees for over six years, the government is now rushing through these cases, giving the defense just three months to prepare for a trial timed to begin only weeks before the November elections.

"The American public has every right to expect that prosecutions of 9/11 suspects will be conducted in a fair, open and honest manner that is not compromised by crass political considerations. Selectively inviting only 9/11 family members whose views are in alignment with those of the Bush administration is only one example of the repeated attempts to infuse politics into what should be an impartial process that has the goal of achieving justice," the letter stated.

Since the inception of the Bush administration's military commissions, a growing number of lawyers, legal scholars, government officials, military personnel and others have raised concerns about prosecuting detainees under a system that ignores the fundamental tenets of due process and allows the admission of highly questionable evidence - particularly evidence possibly obtained through torture. According to the ACLU, these cases belong in a civilian court of law or a traditional military court operating in accordance with the Uniform Code of Military Justice that upholds due process and in which judges and attorneys are held to constitutional obligations and accountable to the rule of law.

In April, the ACLU launched the John Adams Project — a partnership with the National Association of Criminal Defense Lawyers (NACDL) — to provide civilian legal representation to assist under-resourced military counsel of Guantánamo detainees.

For more information on the ACLU and NACDL's John Adams Project, see: www.aclu.org/johnadams (http://www.aclu.org/johnadams)

The letter is available online at:
www.aclu.org/safefree/detention/35514res20080603.html (http://www.aclu.org/safefree/detention/35514res20080603.html)

Letter To Susan Crawford, Convening Authority, Office of Military Commissions

http://www.aclu.org/safefree/detention/35514res20080603.html

Susan J. Crawford
Convening Authority
Department of Defense
Office of Military Commissions
1600 Defense Pentagon
Rm. 3B652
Washington DC 20301-1600

June 3, 2008

Dear Ms. Crawford:

Many of us learned for the first time this week that only one relative of a 9/11 victim was invited to attend the proceedings at Guantánamo Bay. The Defense Department’s belated disclosure that Debra Burlingame, a staunch supporter of this administration and the military commission system, was secretly invited to attend the arraignment of Khalid Sheikh Mohammed is but the latest example of a covert, politicized military commission system that has little hope of bringing any legitimate outcome.

As people who lost loved ones in the terrorist attacks of 9/11, we want nothing more than to see that justice is served in the prosecution of suspects. However, we know that no justice will come out of a system that has been compromised by politics and stripped of the rule of law. Unfortunately, the government insists on trying those accused of participating in the 9/11 attacks in military commissions that operate largely outside the realm of public scrutiny and rely on confessions derived by torture, secret evidence that a defendant cannot rebut, and hearsay.

The American public has every right to expect that prosecutions of 9/11 suspects will be conducted in a fair, open and honest manner that is not compromised by crass political considerations. Selectively inviting only 9/11 family members whose views are in alignment with those of the Bush administration is only one example of the repeated attempts to infuse politics into what should be an impartial process that has the goal of achieving justice.

We know that we are not the only ones who object to the illegitimacy of these proceedings. Respected military figures as well as law enforcement officials like Janet Reno and William Webster have spoken out. And in an effort to make this system more in line with our constitutional values, the American Civil Liberties Union has assembled civilian legal teams to assist the woefully under-resourced military defense counsel. If the prosecution of these suspects is carried out in a manner that is not in accordance with American values of due process, the rule of law, and transparency, any verdict will lack legitimacy and we will be left to wonder if those responsible for the deaths of our loved ones have really been brought to justice.

Sincerely,

Anne M. Mulderry
Mother of Stephen V. Mulderry

Adele Welty
Mother of Firefighter Timothy Welty

Mindy Kleinberg
Wife of Alan Kleinberg

Lorie Van Auken
Wife of Kenneth Van Auken

Patricia Perry
Mother of Police Officer John Perry

Monica Gabrielle
Wife of Richard Gabrielle

Patty Casazza
Wife of John F. Casazza

cc: Capt. Karen Loftus, DoD OGC

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9/11 kin barred from Gitmo trial

http://www.nydailynews.com/news/2008/06/03/2008-06-03_911_kin_barred_from_gitmo_trial.html

BY JAMES GORDON MEEK
DAILY NEWS WASHINGTON BUREAU
Tuesday, June 3rd 2008, 4:00 AM

WASHINGTON - When the architects of the 9/11 attacks are charged this week at Guantanamo Bay for killing nearly 3,000 Americans, the victims' families won't be allowed to witness it.

The Defense Department outraged 9/11 families by belatedly disclosing that just one victim's relative - GOP loyalist Debra Burlingame, whose brother Charles died in the attacks - was secretly invited to attend.

"This government cannot be upfront and honest," said Rosemary Dillard of Detroit, whose husband, Eddie, died aboard the hijacked jet that struck the Pentagon. "It was very underhanded."

The stunned families learned of Burlingame's invitation to the arraignment of 9/11 mastermind Khalid Shaikh Mohammed and four of his henchmen at the U.S. naval base in Cuba only after the Daily News made inquiries on Friday.

Widow Monica Gabrielle, whose husband, Rich, died in the twin towers, said, "They're pitting family against family. It's outrageous."

Several relatives, such as Dillard, told the Pentagon and Justice Department during a Feb. 25 meeting that they wanted to go. Instead of creating a lottery, Pentagon victim-liaison officer Karen Loftus left them in the dark.

Dillard burst into tears when Loftus told her Friday about Burlingame's covert ticket to Gitmo.

"I'm angry, I'm very upset about it," said Dillard, who attended 9/11 commission hearings and never missed a day of Al Qaeda goon Zacarias Moussaoui's death penalty trial.

Burlingame, a staunch defender of the Bush administration, spoke in support of the President at the 2004 GOP convention and has personally savaged other 9/11 family members who questioned his decisions.

She was invited as an "observer" to offer a political counterpoint - alongside conservatives from the American Legion and Judicial Watch - to human rights watchdogs critical of the untested military system for trying terrorists, a red-faced defense official said. She did not respond to a request for comment.

Navy Cmdr. Jeffrey Gordon denied the Pentagon was playing politics at the expense of 9/11 families. He promised officials "will come up with a solution" that addresses how 9/11 families can watch future proceedings.

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Dem upset 9/11 families excluded from trial, only Bush loyalist was invited

http://rawstory.com/news/2008/Leahy_tells_Mukasey_Let_victims_families_0606.html

Nick Juliano
Published: Friday June 6, 2008

Senate Judiciary Chairman Patrick Leahy is calling on the country's top law enforcement official to ensure access for 9/11 victims' family members to the military tribunal prosecuting Khalid Sheikh Mohammed and others charged as masterminds of those attacks.

For Mohammed's arraignment Thursday before a military tribunal at Guantanamo Bay, the Pentagon secretly invited only one woman whose brother was a pilot killed in the plane that crashed into the Pentagon in the 2001 attacks. The woman, Debra Burlingame, was un-invited after the New York Daily News revealed she was a "GOP loyalist," who praised President Bush during the 2004 Republican convention and has savaged the 9/11 widows who have questioned the administration's actions.

"I had hoped we had achieved a level of respect for victims’ rights that would respect their dignity and interests," Leahy wrote to Attorney General Michael Mukasey on Friday. "I am writing to you to urge you to help remedy these matters without delay."

A Leahy press release distributing the letter noted reports that an "outspoken supporter of the Bush administration" was the only invitee to Mohammed's arraignment.

Victims' families had reportedly been kept in the dark after asking for the opportunity to attend Mohammed's arraignment, while the Pentagon surreptitiously proffered its single invitation. After the uproar, a military official apologized and promised to institute a lottery for future tribunal proceedings that families wished to attend.

Leahy said the government was not acting in the spirit of legislation aimed at providing victims' families prompt notification of legal proceedings or the opportunity to watch the proceedings either in person or via closed-circuit television.

"I write to you, our chief law enforcement officer, to ask what has been done to ensure that the 9/11 victims are being treated with respect and dignity," Leahy wrote, "and what accommodations were made to protect their rights, given that the Government has chosen to proceed before military commissions at Guantanamo."

With wire reports

Leahy's letter is appears below:

June 6, 2008

The Honorable Michael Mukasey

Attorney General of the United States

Pennsylvania Avenue, NW

Washington, DC

Dear Attorney General Mukasey:

This week the Government staged arraignments of Khalid Sheikh Mohammed and other detainees charged as perpetrators of the 9/1l attacks. I read that the victims’ families were excluded from the proceedings.

I have worked hard for many years to enact bipartisan victims’ rights and assistance legislation. I had hoped we had achieved a level of respect for victims’ rights that would respect their dignity and interests. I am writing to you to urge you to help remedy these matters without delay.

After the 1995 Oklahoma City bombing, we passed several measures to provide for the rights and interests of the victims and their families, including measures to help them attend the trial, and to watch the trial on closed circuit television. I do not understand why similar provisions were not made for the 9/11 families and victims.

We also enacted, as part of the Justice for All Act of 2004 (Public Law 108-405), federal rights for victims. In the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act, we expressly provided for the right to reasonable, accurate, and timely notice of any public court proceeding; the right not to be excluded from any such public court proceeding; the right to be reasonably heard at any public proceeding involving release, plea, sentencing, or parole; the reasonable right to confer with the attorney for the Government in the case; the right to full and timely restitution as provided in law; the right to proceedings free from unreasonable delay; and the right to be treated with fairness and with respect for the victim's dignity and privacy.

I write to you, our chief law enforcement officer, to ask what has been done to ensure that the 9/11 victims are being treated with respect and dignity, and what accommodations were made to protect their rights, given that the Government has chosen to proceed before military commissions at Guantanamo.

I look forward to your prompt response.

Sincerely,

PATRICK LEAHY

Chairman

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Response to New York Daily News by Debra Burlingame

http://www.911familiesforamerica.org/?p=881

Posted by Debra Burlingame under Lawfare, Guantanamo, 9/11, Debra Burlingame, September 11

The New York Daily News falsely and dishonestly reported yesterday (”9/11 Kin Barred from Gitmo Trial,” by James Gordon Meek) that 9/11 family members have been barred from observing the trial of Khalid Sheikh Mohammed and four of his co-conspirators. In fact, the Daily News and its reporter know that the trial, which has yet to be scheduled and which may not commence for several months, will be broadcast on closed circuit tv and all 9/11 family members will be able to monitor the gavel-to-gavel proceedings from remote locations here in the United States.

Further, it falsely reports that the DOD singled out one family member to “secretly” attend Thursday’s arraignment of these five 9/11 defendants, heavily insinuating that the purpose was to propagandize on behalf of the Bush administration, “alongside conservatives from the American Legion and Judicial Watch.” I am the family member the article names, calling me a “GOP loyalist whose brother Charles died in the attacks.” Essentially, the article accuses me of using my brother’s brutal murder as an opportunity to engage in a “covert” operation whose end is crass partisan politics.

This is an outrageous personal insult and deeply hurtful accusation. In the six and one half years since my brother, Chic, the captain of American Airlines flight 77, was brutally murdered in the cockpit of his airplane, my primary focus has been to contribute to the nation’s effort in stopping these barbaric terrorists from perpetrating another attack.

Recently, while researching an article I am writing about former Guantanamo detainee Abdullah Al-Ajmi, who carried out a deadly suicide attack in Mosul, Iraq six weeks ago, I asked a Pentagon public information officer whether the arraignment of 9/11 defendants would be taking place as scheduled. I was surprised when the press officer affirmed that it would and asked if I would be interested in attending. Of course, I was. I felt the Pentagon should have offered all 9/11 family members the opportunity to attend the arraignment, but understood the decision not to do so. There is an emotional component to these events that can be profoundly debilitating. In my experience, the victims’ liaison personnel are highly attuned to and protective of families needs. The trip to Guantanamo is grueling, the conditions are spartan — water is rationed and members of the press will be sleeping in tents — all for a proceeding that may be over in half a day, and which could well be postponed after observers arrive due to rulings on pending defense motions.

We all want to see justice done, and many of us are hoping that the military commissions provide a fair and objective means of holding these men accountable for their war crimes. Some have already decided that any legal proceedings short of criminal trials with full Constitutional rights are defective. I have taken the view that these men are war criminals who are not entitled to Constitutional protections that even uniformed prisoners of war in World War II did not receive. Giving Miranda rights to terrorists would seriously undermine the country’s ability to gather the kind of critical intelligence we need to prevent future attacks on innocent civilians. The detainees’ habeas attorney Michael Ratner — who has made it clear that his mission is to shut down Guantanamo — bragged, “You can’t run an interrogation…with lawyers.”

The military commissions, as currently constituted in accordance with the Military Commissions Act of 2006 enacted by Congress, must be above reproach. Many 9/11 family members are taking a wait and see attitude. We refuse to call them “rigged” or a “kangaroo court” without evidence of impropriety simply because they are administered by the military. While the rights of Khalid Sheikh Mohammed and his fellow defendants will remain the obvious focus of attention and the subject of intense debate, the bitter reality is that my brother and the 2,972 other victims who died on 9/11 were offered no rights of any kind. At the very least, we should never forget them. For me, this was not about politics.

I have come to know dozens of 9/11 family members over the years. They have my deep respect and many have become dear friends. I would never countenance or participate in an effort to bar them from what I know is so important to us all. To suggest that the government concocted a “secret” or “covert” trip to Guantanamo Bay, in full view of members of the press, the ACLU, Human Rights Watch and other NGO’s, is patently absurd. My deepest regret is that by mischaracterizing the nature and circumstances of this episode, reporter Meek has caused unnecessary hurt by inaccurately implicating the Pentagon’s victim-liaison officer, Capt. Karen Loftus, who knew absolutely nothing about my last-minute inclusion on the observer list and who is working night and day to fairly and reasonably accommodate all 9/11 families members for the forthcoming trial itself.