US Acts to Avert Defense tactic expected in Al Qaeda Trial
by Scott Shane and David Johnston
WASHINGTON - Bush administration officials said yesterday that they are confident that charges against six suspected members of Al Qaeda would survive expected defense contentions that the cases are based on unreliable statements obtained using controversial interrogation methods.0213 01
The officials confirmed that the Justice Department and the Pentagon, aware of probable legal challenges involving possible mistreatment of prisoners, began an extensive effort in late 2006 to rebuild the cases against the six men using what officials called “clean teams” of agents and military investigators.
By interviewing the prisoners again, and reassembling other evidence against them, the prosecutors could present evidence in court that would be harder for defense lawyers to challenge. But some legal specialists said that approach might not defuse defense arguments that the initial investigations were tainted.
The chief military prosecutor for detainees held at Guantanamo Bay in Cuba, Army Colonel Lawrence J. Morris, declined to discuss the details of how prosecutors would deal with questions about the treatment of captured terrorism suspects. But, Morris added, “we will take very seriously our burden to present trustworthy evidence on which a panel can rely” in reaching a verdict in a case.
Dozens of FBI agents have spent hundreds of hours at the Guantanamo detention center interviewing potential witnesses and suspects.
In effect, they re-created intelligence files, thus avoiding information that might be tainted because it was obtained during interrogations using controversial techniques. The legal tactic was described yesterday by The Washington Post.
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http://www.commondreams.org/archive/2008/02/13/7027/