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...certain kind of courtroom drama, there comes a point at which the guilty party confesses in open court. Few people would have expected a moment like that to emerge from any trial of the 9/11 suspects at Guantánamo--terrorists aren't prone to making their captors' tasks easier. But on Dec. 8, in a hushed and heavily guarded courtroom, alleged 9/11 mastermind Khalid Sheikh Mohammed and four of his co-defendants abruptly offered to confess to coordinating the attacks--in effect, pleading guilty to the murder of 3,000 people. With family members of some of the 9/11 victims...

Author: /time Magazine | Title: The Moment | 12/11/2008 | See Source »

Critics of Guantánamo say that after years of alleged torture and abuse, detainees aren't competent to plead guilty, as the five men are trying to do. Disputes over issues like that make it unlikely the proceedings will wrap up before the Inauguration on Jan. 20--which will complicate Obama's task of closing the facility and ending an embarrassing chapter in the war on terrorism. In any event, the military judge, Army Colonel Stephen R. Henley, refused to accept the guilty pleas. He said he needed first to resolve the question of whether a plea--instead...

Author: /time Magazine | Title: The Moment | 12/11/2008 | See Source »

...This week the 9/11 trial judge is expected to hear more testimony that Hartmann improperly interfered in that case, stressing political arguments and headline-grabbing tactics in preparing the case for trial. Guantánamo's former chief prosecutor, Air Force Colonel Morris Davis, has also described under oath how Hartmann wanted to try "sexy" cases with "blood on them" to attract public attention and vindicate the camp's legal process. Hartmann denied that charge in an interview with TIME several months...

Author: /time Magazine | Title: Trying to Tie Obama's Hands on Gitmo | 12/8/2008 | See Source »

...result of that and other testimony, military judges found that Hartmann had breached legally mandated impartiality and shown bias against defendants. They barred him from any participation in three important trials at Guantánamo. At that point, Hartmann moved from his job as the Pentagon's top independent legal adviser on the trials to become the principal administrator and point of contact with the incoming Obama Administration...

Author: /time Magazine | Title: Trying to Tie Obama's Hands on Gitmo | 12/8/2008 | See Source »

...weeks ago, a military judge brushed aside strong opposition from Hartmann's prosecutors and freed Osama bin Laden's driver, held at Guantanamo for nearly seven years. Then a federal judge appointed by George W. Bush demanded the liberation of five Algerian-born prisoners also held at Guantánamo since 2001. The reason: evidence of their purported crimes is lacking. On January 26 - six days after Obama's inauguration - a Guantánamo court is scheduled to begin hearing the case of Omar Khadr, who was taken into custody by American forces at age 15. He will...

Author: /time Magazine | Title: Trying to Tie Obama's Hands on Gitmo | 12/8/2008 | See Source »

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