Guantanamo/Detainees
Accused Sept. 11 Plotters Want Secret Evidence and a Chance to File Motions
Posted Jul 11, 2008, 06:36 am CDT
By Debra Cassens Weiss
At least four out of five Guantanamo detainees accused of planning the Sept. 11 attacks are rejecting lawyers, but they are facing some difficulties as they try to represent themselves.
One detainee known by his alias, Ammar al-Baluchi, told the judge he had written two letters and a legal motion, but his jailers had not delivered them to the court, the New York Times reports. Khalid Shaikh Mohammed, the charged mastermind of the attacks, said guards would not give him paper so he could draft legal motions.
Obtaining it could prove difficult, the story suggests. The judge, Col. Ralph Kohlmann, told Mohammed that if he wanted paper, “There’s going to have to be a motion, in accordance with our rules.”
Another detainee, Walid bin Attash, said he should have full access to classified materials since he won’t have an opportunity to disclose any secrets. Because he will likely be executed, Attash said, “Those evidence will go with me. Those evidences will be protected better than CIA and FBI.”
Related Stories
- Mervyn’s Sues Its Ex-Owners Over ‘Fraudulent Transfer’ of Stores
Sep 4, 2008, 08:24 pm CDT - Sunglasses Issue Obscures Case Outcome
Sep 4, 2008, 04:54 pm CDT - Arnstein Plans Major Growth in Florida
Sep 4, 2008, 04:31 pm CDT - Abramoff Gets 4 Years, After Prosecution Urges Leniency
Sep 4, 2008, 03:52 pm CDT
Commenting has expired on this post.
Comments
Posted by kay sieverding - 1 month, 3 weeks, 3 days, 5 hours, 3 minutes ago
U.S. citizens held by other countries will receive no better treatment than we provide prisoners we hold. Think about that when you plan a vacation or business trip abroad or support sending our troops abroad.
I think pro se rights are key to democracy everywhere. As written by Robert J. Grey, a former ABA president:
“…The Constitution establishes the fundamental right of access to the judicial system. The courts, as guardians of every person’s individual rights, have a special responsibility to protect and enforce the right of equal access to the judicial system… Real and meaningful access to the courts is fundamental to the health and vitality of any democracy. It is the shield used by citizens to protect themselves against tyranny, abuses, and simple errors in judgment. Access to the courts is the lifeblood of the system because from it flow all other rights.”
I personally was jailed for 4- 5 months by the U.S. government solely for non-fraudulent use of the courts while representing myself. I recently filed an appeal in the 8th Circuit for a case that was dismissed solely on the basis that we didn’t have a lawyer. The federal judge had ruled that the Wisconsin constitution does not guarantee an absolute right of self-representation. I believe that self-representation is an absolute right whether civil or criminal and that self- represented people should be afforded access to court thru ECF and thru the Internet should be allowed access to the written law even when imprisoned. Our issues on appeal are:
“1.) Must petitions presented by Wisconsin free citizens in the District of Minnesota be adjudicated without delay and in full conformance to law, even when the litigants are self-represented? 2.) Can U.S. citizens be legally incarcerated or threatened with a finding of contempt solely for petitioning a court while representing themselves?”
We relied on Wisconsin law instead of on U.S.C. Title 28 Section 1654 because the 10th Circuit didn’t think the U.S. code was good enough. So we rely instead of Rule 17 b (1). I hope that if I can establish an absolute right for Wisconsin citizens that will help other people. They can argue that under the privileges and immunities clause they should have the same rights as Wisconsin citizens. The Wisconsin courts explicitly recognize an absolute right to self-representation and that is published as part of the annotated Wisconsin constitution.
Personally, I interpreted the U.N Covenant as establishing an absolute right of self-representation in accordance with the laws.
Will these detainees get our letters if we write them?