Military judge tells 9/11 defense attorney that he can call CIA interrogation tactics torture
A word that could once not be mentioned in court — torture — was front and center on Friday as a military tribunal prepares to take on the long-delayed trial of Khalid Shaikh Mohammed, the confessed chief plotter of the 9/11 attacks, and four other defendants.
"I know torture's a dirty word," defense attorney Walter Ruiz told the tribunal. "I'll tell you what, judge, I'm not going to sanitize this for their concerns."
Ruiz repeatedly used the word "torture" — and gave vivid descriptions of what had been done to his client, Mustafa Hawsawi, in secret CIA-run black-site prisons — something that would have been unthinkable for most of the eight years the case has been ongoing.
Ruiz forged ahead through a storm of objections both from the prosecution team and the witness, CIA psychologist James Mitchell. He read a list of abuses against his client, asking Mitchell if he was aware that Hawsawi had been plunged into a freezing ice bath, had his head slammed against the wall, was hung nude from the ceiling and was slapped in the face. He later added charges of anal rape and waterboarding.
"Did it matter in your assessment that Mr. Al Hawsawi had been tortured in this many ways? Did it matter to you?" he asked.
Torture has been the overriding issue in these hearings since this version of them began in 2012, but for most of that time it was an issue that could not be discussed openly. This week's testimony from Mitchell brought the issue front and center. The hearing included an extended debate between Ruiz and the military judge, Air Force Col. W. Shane Cohen, on Ruiz's tactics. Ruiz was adamant he didn't care if the witness and the prosecution objected to his descriptions.
Cohen has relaxed restrictions on what can be said in his courtroom since taking over the 9/11 case seven months ago. He seemed to explain his reasoning Friday.
Cohen said he didn't care what anybody called the interrogation techniques. What mattered ultimately, he said, was what he and he alone decided.
"The opinion of the Department of Justice, the attorney general, or even the president of the United States is not binding on me," he said.
http://www.yourdestinationnow.com/2020/01/military-judge-tells-911-defense.html