Legal Commentary

Gitmo Military Judge Stays Trial Proceedings Until Nov. 16

By Jeralyn

The judge presiding over the military commission proceedings of Khalid Sheikh Mohammed, Ramzi Binalshibh and three other detainees at Guantanmo issued a stay order today putting the cases on ice until November 16, so President Obama can decide whether he prefers to have the cases transferred to federal criminal courts.

The military had flown some family members of 9/11 victims in for the hearing. The defendants didn't appear in court which disappointed them -- and the prosecutor. The prosecutor asked they be brought from their cells but the judge refused. [More...]

Case prosecutor Robert Swann protested the absence of the accused. He and asked the judge to order prison camp guards to bring them from their cells, to determine if they want to retain their so-called stand-by counsel. Henley refused, saying the 60-day freeze would maintain the status quo.

Three of the detainees have asked to fire their civilian counsel and that matter is on hold as well. Four U.S. prosecutors' offices are vying for the cases: The Eastern and Southern Districts of NY, the Eastern District of Virginia and the District of Columbia.

Full post as published by TalkLeft on September 21, 2009 (boomark / email).