9/11 Co-Conspirators Return to Court

ARLINGTON, Va., (FILE PHOTO; Sept. 11, 2001) -- Medical personnel and volunteers work the first medical triage area set up outside the Pentagon after a hijacked commercial airliner crashed into the southwest corner of the building. (U.S. Navy Photo by Journalist 1st Class Mark D. Faram.)

News in Balance:

GUANTANAMO BAY, Cuba, July 19, 2008 -- Alleged Sept. 11 mastermind Khalid Sheikh Mohammed and three other alleged co-conspirators returned to the Expeditionary Legal Complex here to address accusations of intimidation regarding their elections of counsel, July 9-10, 2008.

Mohammed and four others had been previously arraigned on multiple counts of terrorism-related activities June 5, 2008. At the simultaneous arraignment, Mohammed and the other accused spoke across the courtroom amongst themselves before the arrival of the detailed military judge, Marine Col. Ralph Kohlmann.

Following comments by Army Maj. Jon Jackson, defense counsel for alleged al-Qaeda member Mustafa Ahmed Adam al Hawsawi, alleging intimidation by Mohammed which influenced the others’ election of counsel, Kohlmann ordered hearings “to discuss the matter with each of the accused on the record and in five separate sessions where each of the accused will appear outside the presence of the other accused” in an order dated July 1, 2008.

Mohammed, Walid Muhammad Salih Mubarak Bin ‘Attash and Ali Abdul Aziz Ali had elected to proceed “pro se” as their own counsel during the arraignment, and represented themselves during the latest round of hearings.

The four hearings proceeded similarly, with Kohlmann reading prepared statements and questions to the accused, apprising each of the accused of the pitfalls of self-representation. He noted that trained legal counsel are better prepared to file motions and make arguments, due to the fact that they are not detained and possess proper security clearances, both during a potential trial and, if convicted, a potential sentencing.

Kohlmann also notified each of them that “the right of self-representation is not a license to abuse the dignity of the courtroom, nor is it a license not to comply with the relevant rules and procedures of substantive law,” and that, in the case of an appeal, “the accused cannot later complain about the quality of his defense or the denial of effective assistance of counsel.”

Kohlmann, speaking slowly through translators, methodically addressed each issue with all four, before asking each for their choice of representation.

Mohammed, Ali and Bin ‘Attash chose to reconfirm their “pro se” elections while retaining their detailed military defense counsel as standby counsel, along with civilian defense attorneys as advisers.

Ali, Mohammed’s nephew and alleged lieutenant, denied claims of intimidation and denied that Mohammed had pressured al Hawsawi to dismiss detailed military counsel in favor of proceeding “pro se” by asking him if he was in the Army.

“We might say something as a joke and they might think it is an order. Mr. Mohammed was joking to Mr. Hawsawi ‘are you in American Navy now?’ He was just joking because he was wearing white,” said Ali of the similarities in color between the accused’s clothing and the Navy officer’s summer white uniform.

Al Hawsawi chose not to make an election of counsel, telling Kohlmann through a translator, “thus far I haven’t made a decision.”

Speaking slowly and clearly for the translator, Kohlmann explained that military attorneys “have been detailed to represent you and the rules from the commissions state that each of the accused will be represented by counsel unless they waive that right and choose to go ‘pro se.’”

“I understand that you are still making up your mind and I do not want to rush you,” continued Kohlmann. “So, until such time as you make up your mind or make a firm decision, I am going to direct that Maj. Jackson and Lt. [Gretchen] Sosbee continue to act as detailed defense counsel.”

The fifth co-conspirator, Ramzi Bin al Shibh, did not appear pending the completion of a competency board ordered by the judge earlier in July.

(Story by Petty Officer 2nd Class Nathaniel Moger.)

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