WSJ(4/5) US Resumes Military Trials At Guantanamo
WSJ(4/5) US Resumes Military Trials At Guantanamo
Dow Jones International News Service via Dow Jones
(From THE WALL STREET JOURNAL)
By Jess Bravin
GUANTANAMO BAY, Cuba -- The Bush administration resumed military proceedings
against suspected terrorists here, one week after the Supreme Court heard
arguments in a case brought by a Guantanamo prisoner who claims the secretive
courts are unlawful.
Outside the hearing room, the chief military prosecutor took the unusual step
of upbraiding Supreme Court Justice Stephen Breyer for a question he asked at
last week's oral argument, suggesting that the justice didn't appreciate the
gravity of threats facing the U.S. or the sacrifices of military personnel.
The hearing yesterday saw a repetition of the interpretation and translation
problems that have plagued previous proceedings, as prosecutors said defendant
Abdul Zahir hadn't been provided a copy of the charges in Farsi -- his preferred
language. Having brought no interpreter of their own to the hearing chamber,
prosecutors asked to rely on the defense attorney's Farsi interpreter.
Mr. Zahir, an Afghan said to be about 35 years old, is charged with
conspiracy, aiding the enemy and attacking civilians. The Pentagon alleges he
joined al Qaeda as a translator in 1997 and rose through the ranks, serving as a
paymaster, propagandist and communications manager. The charges carry a
potential life sentence.
The presiding officer, Marine Col. Robert Chester, ordered that a written copy
of the charges be provided in Farsi to Mr. Zahir. Mr. Zahir had received the
charges in English, Arabic and Pashto, a language related to Farsi. A Pentagon
spokeswoman said later that authorities assumed Pashto was his preferred
language since he is believed to have come from a province where it is spoken.
Col. Chester, responding to questions raised by Mr. Zahir's Pentagon-appointed
defense lawyer, Army Lt. Col. Thomas Bogar, said he was uncertain which
domestic, international or military laws might be applied before the military
commission, or his view of arguments last week at the Supreme Court.
"It's above my pay grade. The Supreme Court is going to tell us what to do,"
he said.
The Supreme Court decision, expected in June, was also on the mind of the
chief prosecutor, Air Force Col. Moe Davis, who at a news conference following
the Zahir hearing took aim at Justice Breyer.
Col. Davis recalled that Justice Breyer had questioned whether current
counterterrorism operations gave rise to nearly unlimited presidential war
powers. "Towards the end of the argument Justice Breyer said, in talking about
the current conflict, `This is not a war, at least not an ordinary war.' "
Col. Davis said "the dictionary defines war as being in a state of hostility
or a state of armed conflict" and added that "a few hours after Justice Breyer
said this is not a war, enemy combatants launched a major attack on coalition
forces in southern Afghanistan," leading to 34 U.S., Canadian and enemy deaths.
A transcript of the Supreme Court exchange Col. Davis cited shows that Justice
Breyer said he was summarizing the arguments made by challengers to the
commissions so that the government's lawyer, Solicitor General Paul Clement,
could respond. "I take their argument as saying . . . this is not a war, at
least not an ordinary war," among several other issues, Justice Breyer said,
according to the transcript.
"I think the events of 9/11 speak to the fact that this is a war where the
laws of war are involved," Mr. Clement said. Justice Breyer, who served in the
Army in the 1950s, didn't say how he would vote.
(END) Dow Jones Newswires
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