The alleged mastermind of the 9/11 attacks and four others reduced their war crimes trial at Guantánamo to a state of confusion on Monday by telling a military judge that they wanted to plead guilty and enter a confession.
The request, brought by Khalid Sheikh Mohammed on behalf of all five men, was made in front of families of those killed on 9/11 who were brought to Guantánamo for the first time to witness the Bush administration’s military tribunals.
It injected new uncertainty into the legal apparatus set up by George Bush just 42 days before the president leaves the White House.
In a note read to the court by the military Judge, Colonel Stephen Henley, Mohammed and the others wrote: ”We all five have reached an agreement to request from the commission an immediate hearing session in order to announce our confessions … with our earnest desire in this regard without being under any kind of pressure, threat, intimidations or promise from any party.”
All five men face the death penalty in connection with the attacks, and in making the request on Mondayy, Mohammed was essentially seeking to advance the execution date for himself and his four comrades. In a June 5 court appearance, Mohammed said he welcomed martyrdom. The detainees are also hoping to gain an early and highly visible platform to present their own self-serving version of the events of 9/11.
Mohammed, who is bearded and appeared in a long white robe, was terse in his exchanges with the judge on his reasons for wanting to forgo a defence. The man who describes himself as the brains behind the attacks dismissed his lawyers and is representing himself.
”We don’t want to waste our time with motions,” he said. ”All of you are paid by the US government. I’m not trusting any American.”
However, it was far from clear whether Mohammed or the others would get their wish.
Henley, while agreeing to consider the pleas of Mohammed, his nephew, Ammar al-Baluch, and Walid bin Attash, said he was not yet prepared to consider similar motions from two other detainees, Ramzi bin al-Shibh and Mustafa al-Hawsawi.
Lawyers for both men have said they are not fit to make decisions in their case. Ramzi bin al-Shibh is believed to be mentally ill.
The judge, who was not expected to make an immediate decision, also directed prosecution lawyers for a ruling on whether the Military Commissions Act would allow him to impose a death penalty without first convening a military panel. There was no military panel at the courtroom on Monday for what was supposed to be a routine pre-trial hearing.
It was not immediately clear why Mohammed and the others had decided on Monday’s course. Some human rights activists speculated that the five were in a state of despair at being given a fair trial. Others speculated that they wanted the chance to make a political statement before Barack Obama comes to power on January 20.
Obama has said that he wants to quickly shut down Guantánamo, dissolve the military commissions, and put Mohammed and the other high-profile detainees on trial in civilian courts.
In any event, it appears that the strategy was adopted following a meeting of the men on November 4. They have been held in separate quarters at Guantánamo.
Human rights activists warned against expediting Mohammed’s execution.
”What should have been a major victory in holding the 9/11 defendants accountable for terrible crimes has been tainted by torture and an unfair military commissions process,” said Jennifer Daskal, senior counterterrorism counsel at Human Rights Watch.
”These five men are known to have been mistreated and tortured during their years in CIA custody, including the acknowledged waterboarding of Khalid Sheikh Mohammed.” — guardian.co.uk