WASHINGTON — Twenty years after his arrest, the suspected organizer of a lethal 2000 al-Qaida assault on a U.S. Navy warship confronted the opportunity of additional delays of his Guantanamo trial after his protection lawyer on Monday pressed to be allowed to go away the case over an alleged battle of curiosity.
Guantanamo detainee Abd al-Rahim al-Nashiri faces a doable loss of life penalty within the killing of 17 U.S. sailors, who died when an explosives-laden skiff blew up alongside the USS Cole off Yemen.
Proceedings earlier than the army fee have been mired in delays and in authorized challenges over admissibility of proof from the torture-aided interrogations of Nashiri and over different circumstances of his trial and detention. Captured in 2002, Nashiri underwent waterboarding, beatings and confinement in a crate in years of CIA custody at clandestine detention services.
Questions over the dealing with of Nashiri’s case, like these of 5 fellow Guantanamo Bay detainees accused of planning and aiding al-Qaida’s 9/11 assaults on the USA, have led to a army court docket nonetheless wading by way of pretrial hearings, constitutional debates and different issues.
There may be rising speak of plea bargains to finish all of the instances. But it surely stays unclear the place defendants would serve out any sentences.
On Monday, Nashiri’s high army lawyer, Navy Capt. Brian Mizer, pressed Choose Col. Lanny Acosta Jr. to permit Mizer to withdraw as Nashiri’s lawyer, alleging he had a battle of curiosity that ought to bar him from serving on Nashiri’s crew.
The alleged battle issues Mizer’s previous protection work for a former Guantanamo detainee, Salim Hamdan, an alleged driver for Osama bin Laden. Prosecutors of Nashiri suggest to introduce a press release from Hamdan, who’s now in Yemen after serving his sentence. It is anticipated to allege that Hamdan heard Nashiri speaking about arranging the assault on the Cole.
Mizer additionally had info concerning Hamdan’s case that Nashiri’s protection crew ought to have, however that he might by no means ethically disclose given his attorney-client confidentiality with Hamdan, Mizer informed the choose.
“Pink strains have been tripped,” mentioned Mizer, who was appointed by the army to defend Nashiri. “I’ve gone so far as I can ethically go … to help this protection crew.”
Acosta, the choose, grilled Mizer on why he was urgent to withdraw solely after years on Nashiri’s protection within the now 22-year-old assault.
“Elevating of this subject now — it is questionable why it is raised now,” Mizer mentioned, waving an index finger sternly at one level.
Nashiri, in court docket in Guantanamo in a shirt and grey jacket, spoke up, with the choose’s permission.
“Based mostly on my understanding there’s a battle with Mr. Mizer. On the identical time, I want him. I have no idea how that is resolved,” Nashiri mentioned, spreading his arms extensive within the air.
The army offered closed circuit video of the Guantanamo proceedings on the Pentagon and elsewhere.
The choose mentioned Monday pretrial consideration of whether or not Hamdan’s rumour testimony towards Nashiri might be used within the case would occur no earlier than February 2023.
Acosta additionally directed Mizer to inform him by Monday, privately, what confidential info he has from representing Hamdan that makes for a battle in Nashiri’s case.
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