Military Commissions

9/11 Families call Obama consultation on al Qaeda prosecutions and detention a ‘farce’

Elise Cooper of The New Majority wrote today of the June 16 and 17 meetings with Department of Justice officials of family members of the victims of terror (two groups of family members of about 45 people each met with the DOJ on those two days). The meetings were not pretty and Attorney General Eric Holder found somewhere more comfortable to be on the 17th. From what I heard, the families left the meetings fearing that President Barack Obama will bend over backwards to release as many from Gitmo as possible this year and attempt to prosecute those he can from among the rest in federal court, the consequences of both those actions be damned:

President Obama has spoken in the past about accountability and transparency; yet, those attending were not granted simple requests such as having the meeting recorded, receiving a list of those present, and being able to pass out a military commissions comparison chart. Bob Hemenway, who lost a son at the Pentagon, summarized the feelings of all interviewed by stating the meeting was “a set-up. It was a political ploy. We were pawns. What a waste. We were a show case. It was a farce.” The former Commander of the USS Cole, Kirk Lippold, pointed out that he requested a list of those who attended the two June meetings but has so far been refused.

The Attorney General, Eric Holder, attended only the June 16th meeting and stayed for only one out of four hours. Debra Burlingame, the sister of the pilot of American 77 that crashed into the Pentagon, explained that the families asked substantial questions which were either not answered or hardly answered. She stated that “Holder was sorry he walked into that room. For one hour they did not accept his platitudes. The questioning was aggressive, hard, and pointed. They got the message that these people were not going to be satisfied with the celebrity appearance and vague remarks. “

Family members were angered at being blind-sided, such as finding out after the fact that Jennifer Daskal was present at both meetings. Ms. Daskal is now a member of the DOJ detainee review task force. Previously she was the senior counter terrorism counsel at Human Rights Watch, where she wrote that the military commissions were “illegitimate, dysfunctional, and a kangaroo court.” [emphasis added mine] Alice Hoagland, whose son Mark Bingham died on Flight 93, remarked that she was appalled and that “Mr. Holder has a pre-disposition to listen and be swayed by the political opinions of these human rights groups. I felt violated and betrayed.” Debra Burlingame went further when she stated that “I would never have talked about the last moments of my brother’s life with a woman sitting there who has championed the rights of the people who killed him.”

9/11 family member at DOJ meet asked ‘How many people here are in favor of closing Gitmo?’ Two hands went up

WJHG TV, an NBC affiliate in Panama City, Florida reports:

Arias’ brother, Adam, was killed when the south tower of the World Trade Center collapsed during the September 11th terrorist attacks. Arias was randomly selected to go to Guantanamo Bay this January and witness a competency hearing for accused terrorist Ramzi Binalshibh.

Arias says, “When I was in Gitmo, the defendants looked tanned and relaxed and quite cocky. They proclaimed how proud they were that they had killed almost 3,000 Americans.”

Arias is back from two weeks of meetings with the Military Commissions Prosecution Team in Orlando and the Department of Justice Task Force in the nation’s capital. Arias believes that President Obama’s plan to close Guantanamo Bay is misguided. He says he met many people who agree with him: “An elderly fireman, who retired, who lost his son on 9/11, looked around the table and said, ‘How many people here are in favor of closing Gitmo?’ Two hands went up. ‘How many people here are in favor of keeping Gitmo and the tribunals open?’ Forty hands went up. That man said, ‘Bring that to the president, tell him what 9/11 families really want.'”

He says that under the President’s current orders, a multi-agency task force will review each case in the detention center, with guidance to put as many in federal court as possible. But, he claims this provides terrorists with more rights than they deserve, and he cautions that prosecuting attorneys would have to divulge sensitive information in court just to get a conviction.

“We would actually betray our allies in the field that way. So, that would give insight into the ways, means, methods in which we collect information to thwart terrorist attacks. So, we’re putting human lives in danger by doing that.”

Arias says a justice system that punishes war criminals is vital to winning the War on Terror. He offers an argument against those who say Gitmo can be used against us: “Prior to 9/11, there was no such thing as Guantanamo Bay Detention Center. Al-Qaeda needed no recruitment tool other than hatred to kill 3,000 Americans on 9/11.”

For those family members of the victims of terrorism unable to attend the Department of Justice’s meetings, but still interested in expressing views, the DOJ “welcome[s] written submissions.” Please send your written comments via email (nsd.ovt@usdoj.gov) or fax (202-514-4275) to the Office of Justice for Victims of Overseas Terrorism (OVT) no later than June 26, 2009. Click here for a few questions to consider when writing them.