The Champion

January - February 2016 , Page 43 

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Military Commissions Update

By Jumana Musa

Through the Looking Glass: The Peculiar Reality of Capital Cases In Guantánamo

In October, the military commission case against the five people accused of planning the 9/11 attacks resumed for the first time since February. The trial had been derailed by an FBI investigation into one of the defense teams1 and the revelation that a CIA translator who worked in one of the black sites into which the so-called “high-value detainees” disappeared was assigned to one of the defense teams.2 This came in addition to the earlier discovery that listening devices were placed in the rooms that defense counsel used to consult with their clients.3 It has been said before, but in Guantánamo even their issues have issues.

There were two weeks of scheduled hearings in October. The court expected to hear (1) arguments on whether an FBI investigation into members of Ramzi bin Al Shibh’s defense team created a conflict of interest and interfered with their ability to defend their client and

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