June 6, 2008

Gitmo's Second Verse Same As The First

Andrew Cohen: Khalid Sheik Mohammed Sings Same Tune We Heard From Zacarias Moussaoui

  • At his trial, Zacarias Moussaoui sang a tune deriding America, praising Islam and ranting about following orders. Now, in Guantanamo Bay, Khalid Sheik Mohammed, sketch above, is reprising that tune at his trial. Photo

    At his trial, Zacarias Moussaoui sang a tune deriding America, praising Islam and ranting about following orders. Now, in Guantanamo Bay, Khalid Sheik Mohammed, sketch above, is reprising that tune at his trial.  (AP Photo/Brennan Linsley)

  • Play CBS Video Video Six Charged In 9/11 Attacks

    The U.S. has charged 9/11 mastermind Khalid Sheik Mohammed and five others with the terrorist attacks and will be tried in a military tribunal. David Martin reports.

  • Video New Osama Tape On Moussaoui

    Authorities confirmed that an audio tape purportedly of Osama bin Laden commenting on Zacarias Moussaoui is authentic. Richard Roth reports bin Laden claims Moussaoui wasn't involved the 9/11 attacks.

  • Blog Court Watch

    CBSNews.com Legal Analyst Andrew Cohen's new blog on the big issues and analyzes important cases of the day.

  • Interactive Gitmo Tribunals

    Detainees on trial, photos and a history of the naval base.

(CBS)  CBS News Chief Legal Analyst Andrew Cohen says terror suspect Khalid Sheikh Mohammed is singing a familiar tune.

We’ve heard this song before. The religious rants and political taunts from the terror big shots at Guantanamo Bay, whose arraignment Thursday devolved into something just short of chaos, were eerily similar in tone and tenor to the ramblings and rifts of Zacarias Moussaoui, the once-upon-a-time “20th hijacker.” Moussaoui was tried on terror conspiracy charges in federal court in Virginia in 2006, fought (but failed) to represent himself, and took every opportunity before and during his trial to trash America, its justice system and the war on terror.

Clearly, other al Qaeda captives have gotten the memo: when you emerge from the darkness of interrogation and isolation and finally get your day in the sun, make your religious and political points and ideological even at the expense of your legal ones. The strategy has been consistent. First, try to get rid of the court-appointed American lawyers (who would muddle through on procedure and technicalities). Then, rail against the system, your captors, and Western Civilization, all the while praising Islam. And make sure to express a lack of concern for martyrdom by proclaiming you are ready for capital punishment.

Moussaoui did it first-for nearly four years from 2002 to 2006. And if he were able to read the papers today (he isn’t, such is his state of life confinement at the Supermax facility in Florence, Colo.) I suspect he’d be delighted and not a little satisfied to discover that the fellow who “fired” him from the 9/11 plot, Khalid Sheikh Mohammed, nevertheless employed Moussaoui’s own terror-trial tactics. The former told the judge he was ready to die. So did the latter. The former mocked prosecutors. So did the latter. The former trashed America. So did the latter.

“My [legal] team may be the best team, I understand that,” Mohammed said in military court Thursday, “but I’m not looking at this from a legal view but a religious view. Their president, George Bush, waged war in Afghanistan and Iraq and they are still killing there.” Cue to Ramzi Binalshibh, another high-level al Qaeda operator, who offered his own monologue Thursday. “I've been seeking martyrdom for five years,” he said. “I tried for 9/11 to get a visa, but could not. I tried to get a visa. If this martyrdom happens today, so be it. God is great, God is great, God is great."

Aziz Ali, another one of the terror suspects, was blunter before his accusers. “After five years of torture,” he said, it “doesn’t make any sense that a court brings to justice after five years … that’s a very shameful … don’t know how the American people would consider it. The American government maintains they are human rights … this government failed to treat me as a human for five years … my conscience does not allow me to participate in any such rulings, or legal things.” Cue the harps.

Thursday’s outbursts and in-court mayhem (judge to suspect: “What part of ‘sit down’ do you not understand?”) is little compared to the diatribes that Moussaoui launched before he was convicted. But, remember, this was only an arraignment for the five suspects-an arraignment, you should know, that generated not a single “not guilty” plea. If these un-fab five continue at this rate for sheer volume alone they will re-write the playbook that Moussaoui took four topsy-turvy years to write.

Like the terror detainees on Thursday, Moussaoui also tried to represent himself. Then he tried to plead guilty. When his guilty plea was rejected he tried again. He wrote legal brief after brief until they were blocked from public view. When the government’s case against him went lame he saved it by testifying “on his own behalf” in the most incriminating fashion. There were tricks. There were ploys. It was a game to him; he smiled through it all. And the whole thing is happening again, writ large, in the most important military trials in a half century.

Taking a step back from the emotions here, it’s not hard to comprehend the logic behind the al Qaeda “litigation strategy.” These suspects understand that they are going to be convicted pretty much no matter what they say in their own defense. They know the deck is stacked against them despite the efforts of civil libertarians to ensure more procedural fairness in these proceedings. They know they almost certainly will be executed and, indeed, they appear to welcome it; that’s what happens in holy wars. So, like Moussaoui before them, they are going to extract their pound of PR flesh against America.

The relentless outbursts and tirades in military court Thursday - Saddam-Hussein-like at times for their intermittent courtesies - explain better than any code of military justice why the Bush administration fought so hard for so many years to bury these tribunals behind a wall of secrecy. The Pentagon and White House knew, even before Moussaoui’s screen play, and surely before Thursday, that trying bitter terrorists in open court would turn the trials into political theatre, or religious sermons, or just another battlefield in the war of cultures.

Political trials are at least as old as Socrates. And what the al Qaeda detainees have figured out is that their last, best hope of individually damaging their hated enemy or concomitantly rallying their cowering supporters, is to refuse to play along with, or just plain mock, any and every form of American justice. It’s all they have left to do, this war by another means - a jurisprudential jihad. At least the current crop of alleged terrorists isn’t yet doing a Nuremburg Number and claiming they were just following orders.

© MMVIII, CBS Interactive Inc. All Rights Reserved.

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Add a Comment See all 28 Comments
by inventagod2 June 6, 2008 12:50 PM EDT
Gitmo is a complete embarrassment for America.
Bu$hCo is using the tribunal to seal the deal they made prior to 9/11.
Killing innocents to cover the NeoCon atrocity is the lowest form of cowardice.
Let''s get a truly independant investigation going, this time focus on the Cheney Gang...
Reply to this comment
by clestes-2009 June 6, 2008 12:57 PM EDT
Moussaoui was only a warmup for this act. Let the real circus begin!

Spews of radical Islam, US as a Satan, in heaven I will be a maytr, grisley pics of 9-11 remains and a balcony of widows and orphans, to go along with exposes of the underhanded dealings of shrub & co, the daily gaffes of Fossil John and the brilliant oratory of Obama.

Where else in the world can such drama be seen for free? Only in America! God, you gotta love this country! No matter how dirty the linen, it is ALWAYS washed in public without the least loss of respect for this great nation.

I look forward to the news every day!
Reply to this comment
by impeach_w June 6, 2008 1:56 PM EDT
THis has nothing whatsoever to do with American Justice. Theis is Military "Justice" a very different thing. No one knows what the CIA has done to them in the last Five years Before the Military got them.

American Justice would give fair trials and executions to the terrorists AND the TORTURERS. WAR CRIMES CHARGES FOR THE ADMINISTRAION. You think the Moussaoui was fair? A perfect example? You hypocrites

He was arrested for a visa violation, Falsely declared the 20th hijacker, never faced his accusers, torture testimony was allowed and The interrogation tapes he had a right to see as part of his defense were destroyed.

Does that sound like the American justice you know?

America will never know the whole truth - EVER!
Reply to this comment
by taxguydave June 6, 2008 2:27 PM EDT
"Military justice is to justice what military music is to music"

--Groucho Marx--
Reply to this comment
by thgdriver June 6, 2008 2:58 PM EDT
Did you know today is the 64th anniversary of D-Day in Normandy?

You can''t find one word about it at CBS. It''s sad they decided to ignore the fact.

God bless the soldiers who fought and died in the largest land invasion in human history. Their efforts and sacrifice helped keep our first amendment in place.
Reply to this comment
by ioweign June 6, 2008 3:43 PM EDT
Political trials are at least as old as Socrates. And what the al Qaeda detainees have figured out is that their last, best hope of individually damaging their hated enemy or concomitantly rallying their cowering supporters, is to refuse to play along with, or just plain mock, any and every form of American justice. It%u2019s all they have left to do, this war by another means - a jurisprudential jihad. At least the current crop of alleged terrorists isn%u2019t yet doing a Nuremberg Number and claiming they were just following orders.
####

following orders
####

Does that ring a bell - msgtsteve




Reply to this comment
by libh8er June 6, 2008 3:55 PM EDT
''Posted by msgtsteve at 12:09 PM : Jun 06, 2008''

Liberals are a complete embarrasment to the US. I''m sorry they breath the same air we do. Thank you for serving our county.
Reply to this comment
by sharncedar June 6, 2008 4:06 PM EDT
"It%u2019s all they have left to do, this war by another means "

so let''s dig them up and kill them again to punish them for committing such an outrageous war against us. Let''s kill them, then put their dead bodies on trial, then hang their dead bodies again, that will teach them. Imagine, trying to protest and make a ruckus at their kangaroo trials! The nerve of these people. Its war! War of the torture victims! Shut them up, they are committing the atocity of speaking up in the tribunal! Another atocity against Israel, I mean, heh, America!
Reply to this comment
by randynason June 6, 2008 4:18 PM EDT
Don''''t fret DemocRATS: According to five liberals on the Supreme Court, they do have a right to sodomy and abortion!



--------------------------------------------------------------------------------

Posted by LibH8er
As do you, my closeted, fascist friend.
Reply to this comment
by feelfree4u June 6, 2008 4:39 PM EDT

Even if Khalid Sheikh Mohammed was actually guilty of involvement with the events of 9/11/01, which is very unlikely, the most that he would be responsible for is the demolition of a few buildings, destruction of a few planes, and the deaths of a few thousand Americans and non.

Meanwhile, our unelected Bush-Fuhrer has lied us into war that has cost the lives of even more Americans, has resulted in the pointless murder of more than 1,000,000 Iraqis and Afghans, has decimated at least 2 countries, has spied on us illegally, tortured countless people, destroyed our economy, weakened our military, and the crimes and treasonous acts just go on, and on, and on...

Where are our priorities?

Mr. Cohen, this man was tortured into a confession, hasn''t even had his show-trial yet, and still you seem to have determined his guilt beyond any doubt.

Do you really have any legal training?

Has anyone ever verified the information on this man''s resume''?
Reply to this comment
by feelfree4u June 6, 2008 4:39 PM EDT

Re: "At least the current crop of alleged terrorists isn%u2019t yet doing a Nuremburg Number and claiming they were just following orders."

Funny that you would toss that in, Mr. Cohen. Hitler, as we know, had his Reichstag fire, while George had 9/11/01- the "...new Pearl Harbor..." that the PNAC pirates were dreaming of. Both used those sensational events to wage a global war of aggression, in the name of "liberation". The similarities of their strategies and tactics are truly remarkable. The main difference being that, unlike the WWII Nazis, the Bush pirates have not yet been sentenced and hanged.
Reply to this comment
by feelfree4u June 6, 2008 4:50 PM EDT

Re: "There were ploys. It was a game to him; he smiled through it all."

I suspect that he realized that these show-trials are a joke. Hence, the smile.

If you don''t realize the tragic joke nature of these Orwellian Millitary Commissions, Mr. Cohen, then your legal opinions are also- a joke, that is.
Reply to this comment
by floydzeppl June 6, 2008 5:19 PM EDT
You sound retarded Cohen. You too, must be frightened to death of a few thousand tribal level terrorists ready to invade Amurrica and take away your National Review subscription. What a doofus.
Reply to this comment
by inventagod2 June 6, 2008 5:24 PM EDT

The US does not have a case -
Five years of torture and YOU would admit voting for Bu$h...
Reply to this comment
by feelfree4u June 6, 2008 5:29 PM EDT

Re: "Five years of torture and YOU would admit voting for Bu$h..."

Posted by Inventagod2

Amazingly, folks like "gayfrompa45" would probably do so willingly.

Tap, tap, tap...

www.zeitgeistmovie.com
Reply to this comment
by feelfree4u June 6, 2008 5:33 PM EDT

Re: "FeelFree4U - You have a big mouth for someone who is hiding behind a keyboard... You want to make personal attacks you Pu**y come on by and see me"

Posted by gayfrompa45

I was just thinking the same about you.

Post your address, and I will stop by when I can.
Reply to this comment
by feelfree4u June 6, 2008 5:38 PM EDT

Re: "FeelFree4U _ You don''t have the balls. I''ll be waiting...come on, I''m in Pa lets meet up."

Posted by gayfrompa45

I don''t see the address. That isn''t just a desperate, screeching, craven threat, is it?
Reply to this comment
by feelfree4u June 6, 2008 5:41 PM EDT

re: "FeelFree4U - Bring your Boyfriend along. Youll need him to carry your sorry a*s home"

Posted by gayfrompa45

I still don''t see the address. Just another impotent fascistic eunuch and regime dupe.

Tap, tap, tap...
Reply to this comment
by feelfree4u June 6, 2008 5:47 PM EDT

Re: "FeelFree4U - Just as I thought.. Coward."

Posted by gayfrompa45

You''re the fool making the online threats there, Gomer.

Post your info, or consider yourself an impotent dope, like the rest of us do.
Reply to this comment
by feelfree4u June 6, 2008 5:49 PM EDT

''I godda'' go now''

Posted by gayfrompa45

Typical Bush fare eunuch. Run along now.
Reply to this comment
by feelfree4u June 6, 2008 5:51 PM EDT

Anyway, returning to the article-

Re: "At least the current crop of alleged terrorists isn''t yet doing a Nuremburg Number and claiming they were just following orders."

Funny that you would toss that in, Mr. Cohen. Hitler, as we know, had his Reichstag fire, while George had 9/11/01- the "...new Pearl Harbor..." that the PNAC pirates were dreaming of. Both used those sensational events to wage a global war of aggression, in the name of "liberation". The similarities of their strategies and tactics are truly remarkable. The main difference being that, unlike the WWII Nazis, the Bush pirates have not yet been sentenced and hanged.

Even if Khalid Sheikh Mohammed was actually guilty of involvement with the events of 9/11/01, which is very unlikely, the most that he would be responsible for is the demolition of a few buildings, destruction of a few planes, and the deaths of a few thousand Americans and non.

Meanwhile, our unelected Bush-Fuhrer has lied us into war that has cost the lives of even more Americans, has resulted in the pointless murder of more than 1,000,000 Iraqis and Afghans, has decimated at least 2 countries, has spied on us illegally, tortured countless people, destroyed our economy, weakened our military, and the crimes and treasonous acts just go on, and on, and on...

Where are our priorities?
Reply to this comment
by imipak-2009 June 6, 2008 6:08 PM EDT
Look, this is insanely simple. Literally. Anyone who wants to die is insane. Anyone who wants to deny themselves justice is insane. Ergo, the prisoners are insane. Place them in a secure mental ward with no possibility of release. It totally destroys everything the martyr-wannabes are after, but does so without denying them their human rights. Indeed, it imposes human rights onto them, whether they want those rights or not.

(A right is not a priviledge and therefore cannot be withdrawn, rescinded or waived. If you would rather we all had human priviledges rather than human rights, have the honesty to call them such.)

This would destroy all efforts by the administration to exact revenge, true, but revenge is a dish best left unserved and thrown out in the morning. Revenge is what kindergardeners seek and used to be caned for seeking. I don''t approve of corporal punishment for anyone, but judges should be empowered to use confinement (the adult version of being sent to their room) to keep such immaturity from the justice system.
Reply to this comment
by feelfree4u June 6, 2008 6:17 PM EDT

We need to make sure that this man is not harmed any further.

He will be an excellent witness at the war crimes tribunals against the regime.
Reply to this comment
by feelfree4u June 6, 2008 6:23 PM EDT

"...with liberty, and justice, for few"
Reply to this comment
by lawyertom1 June 6, 2008 6:36 PM EDT
Let me get this straight. The guy admits he is evil, admits he was a chief planner, and we had to torture him and try him in a kangaroo court? You could get a conviction with your eyes closed. Why pretend this court or process is fair? How idiot can the Shrub be? [Ok, ok, ok. He''s a fool.] This type of case shows in spades why the whole Gitmo process is totally unnecessary and a farce. You have a true believer. Evil incarnate. Any U.S. Attorney (okay, those not purged even) could convict the sob.
Reply to this comment
by jegibbons June 8, 2008 4:41 PM EDT
The Dude is making a mockery of American Jurisprudence.
Whoever tortured this Dude didn''t do a very good job of it. Break out the blow torches and the brass knuckles. It''s time this Dude paid up.
Reply to this comment
by joyous88 June 9, 2008 12:48 PM EDT
feelfree4u,

I like your reference to ''alleged terrorists''

they are, in fact, defending their homeland in the only way that they can,

they are powerless before our military, suicude if is their only choice,

as the jews discovered at Masada
Reply to this comment
by joyous88 June 9, 2008 12:51 PM EDT
by the way,

"just following orders" is a western style excuse for

your crimes,
Reply to this comment
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