WASHINGTON — Khalid Shaikh Mohammed and four co-defendants accused of organizing the Sept. 11, 2001, attacks are meeting to plot legal strategy in advance of their transfer to New York and are learning as much as possible about criminal procedure in U.S. federal court, according to sources familiar with the detainees’ deliberations.
While the five men wanted to plead guilty in a military commission earlier this year to hasten their executions, sources now say that the detainees favor participating in a full-scale federal trial to air their grievances and expose their treatment while held by the CIA at secret prisons. The sources, who cautioned that the detainees’ final decision remains uncertain, spoke on the condition of anonymity because all communications with high-value detainees are presumptively classified.
The detainees’ “brothers’ meetings” were set up to allow them to prepare for a trial at Guantanamo Bay, Cuba. The military has allowed the gatherings to continue because charges have not been formally withdrawn in the commission process, despite the announcement last month that Mohammed and the others would face trial in Manhattan.
The five accused have held two all-day meetings at Guantanamo Bay since Attorney General Eric Holder said they would face federal criminal prosecution, according to Joseph DellaVedova, a spokesman for the Office of Military Commissions. DellaVedova said they break only for meals and prayers during the get-togethers. The military has also provided the men with computers in their cells at Guantanamo Bay to work on their defense.
It is unclear when the men will be transferred to New York. The Obama administration has yet to file a 45-day classified notice with Congress that it intends to move the prisoners into the United States, according to Dean Boyd, a Justice Department spokesman. That suggests that their initial appearance in court in Manhattan will not come before February; the trial isn’t expected to begin until late 2011.
A federal grand jury in New York is hearing evidence and testimony, according to a report by NBCNewYork. com, the Web site of a local station. Both the Justice Department and the U.S. attorney’s office in Manhattan declined to comment on the report.
In hearings at Guantanamo Bay, the five detainees have trumpeted their role in the 9/11 attacks and broadcast their fealty to Osama bin Laden, causing some consternation among observers that the men will use their federal trial as a pulpit of sorts.
Information for this article was contributed by Julie Tate of The Washington Post.
Front Section, Pages 4 on 12/25/2009