Legal Commentary

Gitmo Detainee Defense Counsel Interview on 9/11 Trials

By Jeralyn

Scott Fenstermaker is the habeas lawyer for Ammar al-Baluchi, the nephew of Khalid Sheikh Mohammed and one of the detainees accused of participation in the September 11th attacks. A. Scott Piraino of The Populist has a three part interview with him on the anticipated upcoming federal trials. Here's Part I, Part II and Part III, and some background on the lawyer[whose] " persistence in securing the legal rights of detainees led to his suspension, and even drove him to sue several members of the Bush administration, including the President.."

From Part II, on the soon-to-be defendants' chances for acquittal at trial: [More...]

As far as his chances in court, I think it unlikely that any of the five defendants stands much of a chance of being acquitted. The reaction I have experienced to my involvement has led me to believe that the American public has little patience for niceties like due process and the rule of law. This case will be used by the government, likely with some success, to generate further fear in the public and to further marginalize Islam and its followers. Our government wants to set Islam up as the enemy communism used to be in order to justify the never-ending war in which we are currently engaged.

The defendants are, therefore, nothing more than an afterthought at this stage. They are props in the government’s tragedy and will be used according to script to paint a picture of threat, aggression, and extremism where the truth may be far from the government’s desired perception. The government’s efforts are helpful to the government, but of potentially great harm to the Republic. We as a nation clearly cannot financially afford the war on terror and our reluctance to reinstate the draft demonstrates quite clearly the public’s real thought about the war(s).

Fenstermaker also explains why he won't be representing his client in the federal trial.

Full post as published by TalkLeft on December 13, 2009 (boomark / email).