US drops charges against Saudi in Sept. 11 attacks
By BEN FOX, Associated Press WriterTue May 13, 12:49 AM ET
The Pentagon has dropped charges against a Saudi at Guantanamo who was
alleged to have been the
so-called "20th hijacker" in the Sept. 11 attacks, his U.S. military
defense lawyer said Monday.
Mohammed al-Qahtani was one of six men charged by the military in February
with murder and war
crimes for their alleged roles in the 2001 attacks. Authorities say
al-Qahtani missed out on
taking part in the attacks because he was denied entry to the U.S. by an
immigration agent.
But in reviewing the case, the convening authority for military
commissions, Susan Crawford,
decided to dismiss the charges against al-Qahtani and proceed with the
arraignment for the
other five, said Army Lt. Col. Bryan Broyles, the Saudi's military lawyer.
Crawford dismissed the charges Friday without prejudice, meaning they can
be filed again later,
but the defense only learned about it Monday, Broyles told The Associated
Press.
The attorney said he could not comment on the reasons for the dismissal
until discussing the
case with lawyers for the other five defendants. Officials previously said
al-Qahtani had been
subjected to a harsh interrogation authorized by former Defense Secretary
Donald H. Rumsfeld.
A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, confirmed the case was
proceeding against the
five defendants and that their arraignment will be within 30 days of the
charges being served
at the U.S. base at Guantanamo Bay, Cuba.
Gordon declined further comment since the Office of Military Commissions
had not yet released
the formal announcement about the legal developments.
The five defendants include Khalid Sheikh Mohammed, the suspected
mastermind of the terrorist
attacks in 2001 that killed nearly 3,000 people, and Ramzi Binal****bh, who
is said to have been
the main intermediary between the hijackers and al-Qaida leaders.
Prosecutors are seeking the
death penalty for all of them.
Their trial is the first capital case thus far before the military
tribunals at Guantanamo,
where the U.S. holds about 270 men on suspicion of terrorism or links to
al-Qaida and the
Taliban. The military has said it plans to prosecute about 80 prisoners in
the first U.S.
military war crimes tribunals since World War II.
Authorities have said they plan to broadcast the trials to military bases
in the United States
so relatives of the victims of the attacks can see the proceedings.
Critics of the tribunals have faulted a rule that allows judges to decide
whether to allow
evidence that may have been obtained with "coercion." U.S. authorities
have acknowledged that
Mohammed was subjected to waterboarding by CIA interrogators and that
al-Qahtani was treated
harshly at Guantanamo.
Al-Qahtani in October 2006 recanted a confession he said he made after he
was tortured and
humiliated at Guantanamo.
The alleged torture, which he detailed in a written statement, included
being beaten,
restrained for long periods in uncomfortable positions, threatened with
dogs, exposed to loud
music and freezing temperatures and stripped **** in front of female
personnel.
The U.S. has alleged that al-Qahtani, who military records show is about
28, barely missed
becoming the 20th hijacker on Sept. 11, 2001. The Saudi was denied entry
into the country by
immigration agents at the air****t in Orlando, Florida.
At the time, he had more than US$2,400 in cash, no return plane ticket and
lead hijacker
Mohamed Atta was waiting for him, the military has said.
Separately Monday, Gordon said the Pentagon has not decided whether to
appeal a ruling that
ousted a top legal official from a detainee case scheduled to become the
first to go to trial
at Guantanamo Bay.
In a ruling last week, a military judge at Guantanamo found that Air Force
Brig. Gen. Thomas
Hartmann, the legal adviser for the tribunals, lacks neutrality and should
not participate in
the case against a Yemeni who is a former driver for Osama bin Laden. His
trial is set for June 2.
____
Associated Press writer Michael Melia contributed to this re****t.
http://news.yahoo.com/s/ap/20080513/ap_on_re_la_am_ca/guantanamo_sept11_trial
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