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Tribunal developing more Gitmo cases

Prosecutor: People will recognize next defendants


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Defense attorney Lt. Col. Sharon Schaffer argues for more time and more help.
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A former driver for Osama bin Laden defers entering a plea.
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U.S. v. al Qosi (FindLaw, PDF)external link
U.S. v. al Bahlul (FindLaw, PDF)external link
U.S. v. David Hicks (FindLaw, PDF)external link
U.S. v. Hamdan (FindLaw, PDF)external link
• FindLaw:  Military tribunalsexternal link
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GUANTANAMO BAY NAVAL BASE, Cuba (CNN) -- The U.S. military wound up tribunals for four defendants accused of terrorism Friday with the chief prosecutor saying nine more cases are being developed.

U.S. Army Col. Robert Swann, the chief prosecutor, said at least one of the new cases could be announced within "a couple of weeks," and he added that when the new group of nine becomes public, "the American people will recognize the names of the individuals."

He gave no further indication who was involved in the cases or what charges they might face.

In this week's proceedings before the Combatant Status Review Tribunals, hearings were held for four detainees: self-confessed al Qaeda member Ahmad Sulayman al-Bahlul; Australian David Hicks; former Osama bin Laden driver Salim Ahmen Hamdan; and alleged al Qaeda moneyman Ibrahim Ahmed Mahmoud al-Qosi.

All four are accused by the United States of planning or carrying out terrorist acts.

The hearings -- which have been criticized by civil libertarians and human rights advocates -- are the first such proceedings since World War II.

The hearings were marked by legal challenges to their legitimacy, along with complaints about poor translations and a lack of resources for defense attorneys.

Alleged al Qaeda moneyman

Friday's hearing for al-Qosi was brief after his defense attorney, Air Force Lt. Col. Sharon Schaffer, said she had not had time to prepare because her status was unclear.

Schaffer has been appointed the deputy chief trial judge for the U.S. Air Force, but at the hearing, it was decided she would continue as al-Qosi's attorney and not take up her new Air Force post until al-Qosi's case ends.

However, she told the presiding officer, Army Col. Peter Brownback, that she had not worked on al-Qosi's case since July 29. Further, she complained that she had been denied an assistant.

Brownback set October 4 as the next hearing date for al-Qosi, to allow Schaffer to prepare to question commission members. He set a tentative trial date for December 7.

Al-Qosi entered the courtroom in civilian clothes and a skullcap. He stood when the commission members entered the room.

Al-Qosi is alleged to have been the al Qaeda terror network's deputy chief financial officer as well as a driver and bodyguard for terror mastermind Osama bin Laden.

After the hearing, Schaffer told reporters that al-Qosi could not understand the Arabic translator provided by the tribunal.

"He was very, very disappointed in the interpretation. He wasn't getting the full picture of what was taking place. For trial, it is going to be vital everything be taken down accurately."

Informal charges were read accusing al-Qosi of conspiracy, murder and terrorism.

Self-representation

Thursday's hearing for al-Bahlul ended without a trial date being set after the self-confessed member of al Qaeda told the tribunal he wanted to represent himself.

Brownback said the current rules for the tribunals do not allow a defendant to represent himself. He recessed the proceedings until the authority that has set up the tribunals can consider the request from al-Bahlul, who said during a recess that he would be willing to consider a Yemeni attorney.

Al-Bahlul is accused of creating a videotape at bin Laden's direction, using the attack on the USS Cole that occurred October 2000 in Yemen to recruit and inspire al Qaeda members.

Wednesday, Hicks pleaded not guilty to conspiracy and terrorism charges as well as two additional charges of attempted murder and aiding the enemy.

Hicks is accused of fighting coalition forces in Afghanistan and being part of a group that included John Walker Lindh, an American who is serving a prison sentence in California for aiding the Taliban.

Hicks was allowed to meet briefly with his parents before and after his hearing.

His military defense attorney, Maj. Michael Mori, told the judge he planned to file 19 motions challenging the legality of the proceedings and the qualifications of five commissioners on the tribunal. Those motions will be heard November 2.

A tentative trial date of January 10 has been set for Hicks.

Legitimacy questioned

Navy Lt. Cmdr. Charles Swift -- who represents both Al-Bahlul and Hamdan, a Yemeni -- has also challenged the qualifications of five of the six commission members, including those of Brownback, a retired military judge brought back for the military tribunal. The commission is composed of five members and an alternate.

Swift has also filed a motion challenging Hamdan's status as an enemy combatant.

Hamdan, 34, has been charged with conspiring to attack and murder civilians and the destruction of property as a member of al Qaeda. The maximum sentence is life in prison.

Hamdan was a driver for bin Laden. U.S. officials also suspect he was a bodyguard for the al Qaeda leader.

Hamdan deferred entering a plea at his arraignment Tuesday to allow for the motions to be ruled on first.

The Pentagon said the detainees do not qualify for a court-martial because they're not prisoners of war and were not captured while fighting as part of a regular army.

About 600 people are being detained at the U.S. naval base at Guantanamo Bay. The United States has determined through review tribunals on the status of the prisoners that so far, 15 are eligible for trial before the military commission.


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