Hamdan case is built on his own words

Fellow Guantanamo detainees who, unlike him, refused to provide information
to interrogators have been released.
By Carol J. Williams, Los Angeles Times Staff Writer 
July 25, 2008 
http://www.latimes.com/news/nationworld/nation/la-na-hamdan25-2008jul25,0,51
33789.story
GUANTANAMO BAY, CUBA -- In the custody of U.S. forces in Afghanistan, Salim
Ahmed Hamdan drew maps to Al Qaeda training camps and compounds for his
captors.

A driver for Osama bin Laden for nine months before his November 2001
arrest, Hamdan guided FBI and military intelligence agents to Bin Laden's
private residences and guest houses and identified photos of terrorist
kingpins still at large.


Interrogated dozens of times by soldiers, analysts and investigators after
his transfer to Guantanamo in May 2002, the Yemeni with a fourth-grade
education gave those working to avert further terrorist strikes vital
information about key perpetrators of the U.S. Embassy bombings in East
Africa in 1998, the destroyer Cole blast in 2000 and the Sept. 11, 2001,
attacks.

With that wealth of evidence Hamdan readily handed over to interrogators,
the U.S. government built a case against him -- the war crimes court does
not recognize a right against self-incrimination.

A parade of intelligence agents testifying Thursday described the
38-year-old Yemeni as cooperative, cordial and a source of reliable
information about the terrorist hierarchy.

Their testimony made clear that the first war crimes case to be tried here
has been built almost entirely on statements provided by the defendant.

All of the seven FBI and Naval Criminal Investigative Service agents told
the court it was their agency's policy not to advise foreign terrorism
suspects that anything they said could be used against them.

"A source can be a suspect as well," FBI Special Agent Robert Fuller told
Hamdan's defense attorney Charles Swift when asked whether he considered the
defendant a war criminal at the time Fuller worked with him to locate and
identify Al Qaeda assets in Afghanistan in early 2002. Hamdan was then being
held by U.S. forces in Kandahar.

Testimony this week cast Hamdan as a $200-a-month servant in the Al Qaeda
network, not a member of Bin Laden's inner circle. Even the tribunal's chief
prosecutor, Army Col. Lawrence Morris, has cautioned journalists against
overstating Hamdan's importance to the terrorist network.

Under questioning by defense lawyer Harry H. Schneider Jr., FBI Special
Agent Craig Donnachie conceded that Hamdan never suggested he was involved
in planning, organizing or executing a terrorist act.

"If the general commits a war crime, is his driver guilty?" Schneider asked,
drawing a "no" from the prosecution witness.

The agents learned during defense questioning that the head of Bin Laden's
bodyguards -- Hamdan's boss -- and an Al Qaeda errand boy arrested along
with Hamdan refused to cooperate with U.S. interrogators during their time
at Guantanamo and were eventually released without being charged. Both are
now free in Morocco, their homeland.

The agents, testifying before a six-member military jury, all affirmed that
no coercion was employed to get Hamdan to cooperate, and each concluded that
he gave them useful information.

One FBI agent, Ammar Y. Barghouty, told the court that Hamdan's
identification of accused Cole attack plotter Abd Rahim Nashiri and his
willingness to testify against him provided the government with a solid
basis to prosecute the Saudi.

Nashiri was captured in 2002, shortly after Hamdan told Barghouty that the
Saudi had bragged about masterminding the Cole bombing, the agent said.

Barghouty, who was called by the defense during this week's government
testimony because of a scheduling conflict, suggested that Hamdan had
cooperated in hopes of getting relief from his own situation.

"A drowning man will reach for a twig, and I'm a drowning man," Barghouty
quoted Hamdan as saying about his collaboration.

Human rights advocates have added the self-incrimination pitfall to their
long list of criticisms of the Pentagon's system of trying terrorism
suspects.

"It's perverse that the only person who agreed to cooperate is being hung
with his own words, while those who stayed silent are home and free," said
Ben Wizner, staff attorney for the American Civil Liberties Union.

Abu Assam Maghrebi was shown on an Al Qaeda hierarchy chart created by the
FBI's former chief Al Qaeda expert, Ali Soufan, to be in charge of Bin
Laden's bodyguard staff, including Hamdan.

He was released in 2003 after refusing to talk to many of the same agents
who successfully mined Hamdan for crucial information. Guantanamo officials,
unaware of Maghrebi's higher standing, probably released him because he
didn't give interrogators the material they could have used to bring him to
trial, as did Hamdan.

Al Qaeda errand boy Said Boujaadia, who was arrested at the same roadblock
within minutes of Hamdan, also told investigators little and was cleared for
release. He has been back in Morocco since December.

The judge hearing Hamdan's case, Navy Capt. Keith J. Allred, ruled last week
against a defense motion to dismiss the case on the grounds that Hamdan had
never been advised that his statements could be used against him.

Allred said that U.S. Supreme Court rulings recognizing certain
constitutional rights for the detainees didn't appear to include the 5th
Amendment.

The chief prosecutor for the tribunal, Morris, acknowledged that if
Guantanamo prisoners had a right against self-incrimination, "it would
require some adjustment on our part" to prosecute Hamdan.

[EMAIL PROTECTED] 
 
(F)AIR USE NOTICE: All original content and/or articles and graphics in this
message are copyrighted, unless specifically noted otherwise. All rights to
these copyrighted items are reserved. Articles and graphics have been placed
within for educational and discussion purposes only, in compliance with
"Fair Use" criteria established in Section 107 of the Copyright Act of 1976.
The principle of "Fair Use" was established as law by Section 107 of The
Copyright Act of 1976. "Fair Use" legally eliminates the need to obtain
permission or pay royalties for the use of previously copyrighted materials
if the purposes of display include "criticism, comment, news reporting,
teaching, scholarship, and research." Section 107 establishes four criteria
for determining whether the use of a work in any particular case qualifies
as a "fair use". A work used does not necessarily have to satisfy all four
criteria to qualify as an instance of "fair use". Rather, "fair use" is
determined by the overall extent to which the cited work does or does not
substantially satisfy the criteria in their totality. If you wish to use
copyrighted material for purposes of your own that go beyond 'fair use,' you
must obtain permission from the copyright owner. For more information go to:
<http://www.law.cornell.edu/uscode/17/107.shtml>
http://www.law.cornell.edu/uscode/17/107.shtml 

THIS DOCUMENT MAY CONTAIN COPYRIGHTED MATERIAL. COPYING AND DISSEMINATION IS
PROHIBITED WITHOUT PERMISSION OF THE COPYRIGHT OWNERS.

 
 


[Non-text portions of this message have been removed]


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

--------------------------
Want to discuss this topic?  Head on over to our discussion list, [EMAIL 
PROTECTED]
--------------------------
Brooks Isoldi, editor
[EMAIL PROTECTED]

http://www.intellnet.org

  Post message: [email protected]
  Subscribe:    [EMAIL PROTECTED]
  Unsubscribe:  [EMAIL PROTECTED]


*** FAIR USE NOTICE. This message contains copyrighted material whose use has 
not been specifically authorized by the copyright owner. OSINT, as a part of 
The Intelligence Network, is making it available without profit to OSINT 
YahooGroups members who have expressed a prior interest in receiving the 
included information in their efforts to advance the understanding of 
intelligence and law enforcement organizations, their activities, methods, 
techniques, human rights, civil liberties, social justice and other 
intelligence related issues, for non-profit research and educational purposes 
only. We believe that this constitutes a 'fair use' of the copyrighted material 
as provided for in section 107 of the U.S. Copyright Law. If you wish to use 
this copyrighted material for purposes of your own that go beyond 'fair use,' 
you must obtain permission from the copyright owner.
For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtmlYahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/osint/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/osint/join
    (Yahoo! ID required)

<*> To change settings via email:
    mailto:[EMAIL PROTECTED] 
    mailto:[EMAIL PROTECTED]

<*> To unsubscribe from this group, send an email to:
    [EMAIL PROTECTED]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/

Reply via email to