AP/ February 11, 2009, 3:47 PM

Gitmo Trial Witness I.D.s Are Classified

A U.S. military judge has ordered attorneys for a Guantanamo detainee accused of killing a U.S. soldier not to reveal the identities of trial witnesses to anybody, including their Canadian-born client, according to recently released documents.

The ruling was issued in the case of Omar Khadr, 21, which could become the first to go to trial at the Guantanamo Bay Navy base in southeast Cuba as soon as the spring.

The law authorizing the first American war-crimes tribunals since the World War II era allows the use of classified evidence, and some parts of trials are expected to take place in closed courtrooms.

But Khadr's lead attorney, Navy Lt. Cmdr. William Kuebler, protested the order against revealing witnesses' identities, saying it will make it harder to investigate their claims and force him to keep secrets from his client.

"It interferes with defense counsels' ability to form a relationship of trust and confidence with the accused," Kuebler wrote to the judge, according to documents released by the Pentagon this week.

The judge, Army Col. Peter Brownback, issued the order Oct. 15 following a request by military prosecutors, who argued witnesses should be protected from possible terrorist retaliation.

"It is conceivable, if not likely, that al Qaeda members or sympathizers could attempt to target witnesses," wrote Marine Corps Maj. Jeffrey Groharing, the lead prosecutor in the case.

Khadr, who was 15 when he was captured in Afghanistan in 2002, is accused of throwing a grenade that killed Sgt. 1st Class Christopher Speer, a Delta Force commando, after a firefight at an al Qaeda compound. Many of the witnesses at his trial are expected to be U.S. service members who participated in the raid.

Ben Wizner, a staff attorney for the American Civil Liberties Union, said Saturday that the judge's order would deny Khadr the opportunity to provide information that could challenge the credibility of his accusers.

"Khadr's case may be the very first trial under this new system, and if the trial is conducted with rules that don't allow him to defend himself, the system will be seen as illegitimate and U.S. interests will be harmed," Wizner said.

A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, said Saturday the order was needed to protect the lives of key witnesses.

"Military Commissions have been designed to be open and transparent while at the same time protecting national security and the safety of our military men and women," he said.

The judge's order and the attorneys' arguments were released among nearly 700 pages of previously unavailable documents related to Khadr's prosecution. Last month, five news organizations including The Associated Press complained they were being denied access to much of the military commission proceedings.

Khadr is one of three Guantanamo detainees facing charges under the Military Commissions Act. The military has said it plans to prosecute as many as 80 of the 305 men held at Guantanamo.
© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
10 Comments Add a Comment
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prinzowhales says:
In my last post "prime minister" should read "President".
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prinzowhales says:
Joseph Conrad should be writing about this hellish mockery of justice...Who should really be in the dock at Gitmo for terrorism?...

Former Italian Prime Minister reveals that Mossad and the CIA were behind the 9-11 false flag attack on America to provide justification for the invasion of Afghanistan and Iraq.

http://www.infowars.com/articles/sept11/cossiga_ex_italian_pres_intel_agencies_know_911_inside_job.htm
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prinzowhales says:
Something is wrong with the story...Omar was sent there to be a "translator"...the first people killed in the firefight were translators for the Americans at "point blank range"....I hate to tell you...that''s not how you approach a ''compound'' that you have been tipped contains dangerous al Qaeda terrorists...and I don''t think Delta Force commandos would be so foolish as to approach a ''compound'' in such a manner...

Its looks like there was a meeting that went badly... much more to this than meets the eye

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swwils says:
They must keep hush hush about witnesses to not be compromised
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wogerwabbit says:
This is just another part of the Bush administration plan to turn us into corporate slaves. If we deny rights to one, they can be denied to all. If Bush ever leaves office, he and the rest of the criminals in our government will one day be facing war crimes tribunals... it''s just a matter of time. I don''t think they''ll leave office quietly and we should expect the worst from these guys, their backs are against the wall. A war with Iran is seen by most of us as a huge mistake, but to Bush it would be just the excuse he''d need to declare martial law and cancel next years elections. I don''t see that he has any other way to save his a$$ from the inevitable gallows. Alas, we live in interesting times.
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feelfree1 says:

Re: "Detainee''s Lawyers Protest Judge''s Order Not To Reveal Witness Identities To Anyone"

Fake imaginary witnesses, for fake imaginary trials. Sounds appropriate.
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hissteps4u says:
Every other Generation (A Generation being 30 years) has had conflict and or war either with America or in America from its inception as a Nation. Roughly give or take every 50 years there has been a Major war or conflict where we have fought and died in as Americans.

While we may have been a shining light at one point we have also been a Nation in conflict all our history.

While the worlds leading Democratic Nation it is also the worlds most active Nation in conflicts globaly.

We are Not the worlds cops and should get out of that Job quickly. I am not advocating isolationist thinking but we need to stop his bail out the world Mentality and bail ourselves out instead.
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hissteps4u says:
Try reading the war crimes tribunals from the 1940''s when it was the last time such tactics were used and the USA and Briton and Russia set the up. Few are alive that remember such things. The Youngest of those who might remember are at least82 and likely in their 90''s now.

This current generation has only history to reveal how they took place and what happened there.

Try reading and gaining some knowledge before opening you Mouths and showing your ignorance.

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g-gfather says:
THE WITNESSES ARE THE ACCUSERS!!! HOW WILL THE RIGHTS OF THE ACCUSED BE DEFENDED WHEN THE ACCUSERS ARE ANONYMOUS?? THIS IS NOT A COURT OF JUSTICE. THIS IS A LYNCH LAW!!!....AMERICA THE KNOCK ON YOUR DOOR WILL COME... IF WE ALLOW INJUSTICE FOR ONE THAN IT IS INJUSTICE THAT WILL BE OUR DISTRUCTION.. I LOVE THIS COUNTRY OF LIBERTY AND JUSTICE FOR ALL..FOR ALL!!!I NO LONGER RECONIZE THE GOVERNMENT IN WASHINGTON D.C.AS REPECTING THE CONSTITUTION, WHICH IS THE LAW OF THE UNITED STATES. WE HAVE GOT TO DO SOMETHING MY COUNTRYMEN, WE ARE LOSING OUR RIGHTS,LIBERTIES,FREEDOMS AND OUR COUNTRY.. DON''T LET THIS HAPPEN...FOR THE CHILDREN..GREAT-GRANDFATHER
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macusweil says:
So this is America in the 21st century?...Remember Reagan''s vision of the US as the shining city on the hill for all the world? Today we are more like just the "shining"..

.."Here''s W!!"

"All work and not play makes Bush a dull boy.."
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