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'Original sin': Torture of 9/11 suspects means even without plea deal, they may never face a verdict (apnews.com)

submitted 3 months ago by [email protected] to c/[email protected]

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A Defense Department disagreement over how to bring to justice the accused mastermind of the Sept. 11 attacks and two others has thrown the cases into disarray and surfaced tension between the desire of some victims’ families to see a final legal reckoning and the significant obstacles that may make that impossible.

Defense lawyers and some legal experts blame many of the endless delays on what they call the “original sin” haunting the military prosecutions: the illegal torture that Khalid Sheikh Mohammed and his co-defendants were subjected to in CIA custody. That years-old abuse has snarled the case, leaving lawyers to hash out legal issues two decades later in the now often-forgotten military courtrooms at the U.S. base at Guantanamo Bay, Cuba.

An approved plea bargain sparing Mohammed and two co-defendants from the death penalty appeared to clear those hurdles and push the cases toward conclusion. But after criticism of the deal from some family members and Republican lawmakers, Defense Secretary Lloyd Austin on Aug. 2 revoked the deal signed by the official he had appointed.

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[–] [email protected] 0 points 3 months ago

You can't use any witness testimony, because all the witnesses have been tortured or are worried about torture or death. That is unavailable. So ... Better hope you have enough digital spy data. And where can you find an unbiased jury? Not in the US, that's for damn sure.

And the penalty for torture? The charges get dropped with prejudice. Sigh.

So yeah, no US courts.