Gitmo war court halted at Obama's request
Associated Press
Issue date: 1/22/09 Section: News
GUANTANAMO BAY NAVAL BASE, Cuba - The Guantanamo Bay war crimes court came to an abrupt halt Wednesday as military judges granted President Barack Obama's request to suspend proceedings while he reviews his predecessor's strategy for prosecuting terrorists.
The judges quickly agreed to a 120-day suspension of the cases of a Canadian accused of killing an American soldier in Afghanistan and five men charged in the Sept. 11 attacks. Similar orders are expected in other pending cases pending before the Guantanamo military commissions.
Judge Stephen Henley, an Army colonel presiding over the Sept. 11 trial, accepted the prosecution argument that it would be in the "interests of justice" to give the new administration time to review the commission process and decide what to do next, a decision tied closely to Obama's pledge to close the detention center.
The five charged in the Sept. 11 attacks had said they wanted to plead guilty to charges that carry potential death sentences and their alleged ringleader, Khalid Sheikh Mohammed, told the court he opposes the delay.
"We should continue so we don't go backward, we go forward," said Mohammed, who shrugged off the prospect of a death sentence at a pretrial hearing at the base earlier in the week.
Another judge agreed to a suspension in the case of Canadian Omar Khadr with a one-sentence order.
Obama's order to seek a suspension of the proceedings came just hours after his inauguration.
Prosecutor Clay Trivett said all pending cases should be suspended because the new administration's review of the military commissions system may result in significant changes that could have legal consequences for the defendants.
In Washington, the administration circulated a draft executive order that calls for closing the detention center within a year and reviewing the cases of all the nearly 245 still held. The government would release some, transfer others and put the rest on trial under terms still to be determined.
It was not known when Obama intended to issue the order.
The judges quickly agreed to a 120-day suspension of the cases of a Canadian accused of killing an American soldier in Afghanistan and five men charged in the Sept. 11 attacks. Similar orders are expected in other pending cases pending before the Guantanamo military commissions.
Judge Stephen Henley, an Army colonel presiding over the Sept. 11 trial, accepted the prosecution argument that it would be in the "interests of justice" to give the new administration time to review the commission process and decide what to do next, a decision tied closely to Obama's pledge to close the detention center.
The five charged in the Sept. 11 attacks had said they wanted to plead guilty to charges that carry potential death sentences and their alleged ringleader, Khalid Sheikh Mohammed, told the court he opposes the delay.
"We should continue so we don't go backward, we go forward," said Mohammed, who shrugged off the prospect of a death sentence at a pretrial hearing at the base earlier in the week.
Another judge agreed to a suspension in the case of Canadian Omar Khadr with a one-sentence order.
Obama's order to seek a suspension of the proceedings came just hours after his inauguration.
Prosecutor Clay Trivett said all pending cases should be suspended because the new administration's review of the military commissions system may result in significant changes that could have legal consequences for the defendants.
In Washington, the administration circulated a draft executive order that calls for closing the detention center within a year and reviewing the cases of all the nearly 245 still held. The government would release some, transfer others and put the rest on trial under terms still to be determined.
It was not known when Obama intended to issue the order.
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