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Mr. Fenstermaker is a member of the pool of Qualified Civilian Defense Counsel, authorized to represent the detainees at Guantanamo Bay, Cuba before the Military Commissions being conducted at Guantanamo Bay. He has a secret security clearance and is available to represent clients involved in national security-related issues. Mr. Fenstermaker has experience litigating pursuant to the Uniform Code of Military Justice and is prepared to assist service members confronted with issues within the military criminal justice system. 

Who controls the representation of the defendent?

The Populist

Scott Fenstermaker has become the lightning rod for 9/11. He is the only defense lawyer mentioned in the upcoming trials of Khalid Sheikh Mohammed and his four co-conspirators. Although he won’t be defending them in court, he’s been pilloried by the press for daring to suggest that these detainees have any legal rights.

I called him this weekend, and asked him why.

Scott Fenstermaker has represented Ali Abd al-Aziz Ali in various legal proceedings at Guantanamo Bay. Mr. Ali stands accused of conspiracy, murder, destruction of property, hijacking, and terrorism for his part in the September 11th attacks. I could not understand why Mr. Fenstermaker would not defend his client in court, so I began the interview by asking him to clarify this:

TP: Why won’t you represent Ali Abd al-Aziz Ali when he stands trial in New York for the September 11th attacks?

SF: The government would not let me represent him.

TP: Why not?

SF: Well, that’s a good question. The government goes crazy every time the detainees want me to represent them, and the government doesn’t like it.

TP: How does the government prevent you from representing the detainees?

SF: The government wants to control who represents the detainees. The government not only wants to, but it is. The government does this by controlling the judges. The judges are doing exactly what the government wants them to do in these cases. The judges ask what the government wants them to do, and then they do it.

Read article @ The Populist

Section 1032 & 1033 of HR 6523

Statement by the President on H.R. 6523

For Immediate Release January 07, 2011 Statement by the President on H.R. 6523
Today I have signed into law H.R. 6523, the “Ike Skelton National Defense Authorization Act for Fiscal Year 2011.” The Act authorizes funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs.

Section 1032 bars the use of funds authorized to be appropriated by this Act for fiscal year 2011 to transfer Guantanamo detainees into the United States, and section 1033 bars the use of certain funds to transfer detainees to the custody or effective control of foreign countries unless specified conditions are met. Section 1032 represents a dangerous and unprecedented challenge to critical executive branch authority to determine when and where to prosecute Guantanamo detainees, based on the facts and the circumstances of each case and our national security interests. The prosecution of terrorists in Federal court is a powerful tool in our efforts to protect the Nation and must be among the options available to us. Any attempt to deprive the executive branch of that tool undermines our Nation’s counterterrorism efforts and has the potential to harm our national security.

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Thomson Correctional Center To House Some Guantanamo Detainees: White House

HENRY C. JACKSON | 12/14/09 11:49 PM | AP

WASHINGTON — Taking an important step on the thorny path to closing the U.S. detention facility at Guantanamo Bay Cuba, the White House plans to announce Tuesday that the government will acquire an underutilized state prison in rural Illinois to be the new home for a limited number of terrorist suspects held at Guantanamo.

Administration officials as well as Illinois Sen. Richard Durbin and Illinois Gov. Pat Quinn will make an official announcement at the White House.

Officials from both the White House and Durbin’s office confirmed that President Barack Obama had directed the government to acquire Thomson Correctional Center in Thomson, Ill., a sleepy town near the Mississippi River about 150 miles from Chicago.

A Durbin spokesman said the facility would house federal inmates and no more than 100 detainees from Guantanamo Bay.

The facility in Thomson had emerged as a clear front-runner after Illinois officials, led by Durbin, enthusiastically embraced the idea of turning a near-dormant prison over to federal officials.

The White House has been coy about its selection process, but on Friday a draft memo leaked to a conservative Web site that seemed to indicate officials were homing in on Thomson.

The Thomson Correctional Center was one of several potential sites evaluated by the Federal Bureau of Prisons to potentially house detainees from the Navy-run prison at Guantanamo Bay. Others included prisons in Marion, Ill., Hardin, Mont., and Florence, Colo., where officials also have said they would welcome the jobs that would be created by the new inmates.

MORE HERE

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Gitmo Detainee’s ‘Genitals Were Sliced With A Scalpel,’ Waterboarding ‘Far Down The List Of Things They Did’»

Think Progress- By Ben Armbruster at 11:13 am

Last week, two British High Court judges ruled against releasing documents describing the treatment of Binyam Mohamed, a British resident who is currently being held at Guantanamo Bay. The judges said the Bush administration “had threatened to withhold intelligence cooperation with Britain if the information were made public.”

But The Daily Telegraph reported over the weekend that the documents actually “contained details of how British intelligence officers supplied information to [Mohamed’s] captors and contributed questions while he was brutally tortured.” In fact, it was British officials, not the Americans, who pressured Foreign Secretary David Miliband “to do nothing that would leave serving MI6 officers open to prosecution.” According to the Telegraph’s sources, the documents describe particularly gruesome interrogation tactics:

The 25 lines edited out of the court papers contained details of how Mr Mohamed’s genitals were sliced with a scalpel and other torture methods so extreme that waterboarding, the controversial technique of simulated drowning, “is very far down the list of things they did,” the official said.

Another source familiar with the case said: “British intelligence officers knew about the torture and didn’t do anything about it.”

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Obama takes first step toward closing Guantanamo Bay

Via: Raw Story/Associated Press
Published: Wednesday January 21, 2009

True to his word, President Barack Obama has taken the first step to closing the infamous prison at Guantanamo Bay, asking military prosecutors to suspend legal proceedings for 120 days.

A military judge agreed to suspend one case immediately Wednesday morning, and the fate of other cases are expected to be determined quickly.

More details follow.

Judge OKs 1st suspension in Gitmo cases

Judge OKs 1st suspension in Guantanamo cases; puts Canadian case on 120-day hold

Staff
AP News

Jan 21, 2009 09:14 EST

A military judge has agreed to President Barack Obama’s request to suspend the Guantanamo war crimes trial of Canadian Omar Khadr.

It is the first in a series of delays sought by Obama as his administration reviews the legal system for prosecuting alleged terrorists.

The written order came Wednesday in the Khadr case. He is accused of killing an American soldier with a grenade in Afghanistan in 2002.

Army Col. Patrick Parrish, the judge in the case, issued a written order granting the 120-day suspension without a hearing.

Later, a judge is to consider suspending the case of five men charged in the Sept. 11 attacks.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

GUANTANAMO BAY NAVAL BASE, Cuba (AP) — Military judges will consider Wednesday whether to halt the Guantanamo war crimes trials after President Barack Obama ordered prosecutors to request a 120-day suspension during a review of the system used to try suspected terrorists.

MORE HERE

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