Book: Military feared use of terrorist's comments

Boston Globe ^ | 6/7/2012 | Pete Yost

[Saije]

WASHINGTON—Military prosecutors won't say whether they plan to use newly disclosed tape recordings in the upcoming trial of 9/11 mastermind Khalid Sheikh Mohammed even though the tapes could solve the prosecution's problems with tainted evidence.

A new book says Justice Department prosecutors were stunned to learn three years ago that the U.S. military had secretly tape-recorded incriminating comments that Mohammed made to fellow detainees during daily prison yard conversations but was not planning to use them at military tribunals.

In "Kill or Capture: The War on Terror and the Soul of the Obama Presidency," journalist Daniel Klaidman says Mohammed was caught on tape boasting to other detainees about the 9/11 attacks. According to the book, Mohammed mentioned specific pieces of evidence, documents and computer files that could be tied directly to him through his voluntary statements to other detainees at the military prison at Guantanamo Bay, Cuba.

It is unclear whether the military has changed its mind and now plans to use the recordings against Mohammed at his military commission trial. On Wednesday, a Pentagon spokesman, Army Lt. Col. Todd Breasseale, declined to comment.

In 2009, Justice prosecutors were surprised that military prosecutors were not going to use the recordings because civilian prosecutors regularly use jailhouse statements of inmates against them at trial. Mohammed's statements, voluntarily uttered, would allow the government to get around the problem of using statements he and other detainees made during harsh interrogations that defense lawyers would try to exclude from trial as tainted by torture.

Mohammed's conversations "were intercepted by military spies and mined for intelligence," Klaidman writes in his new book. "There were hundreds of hours of such recordings, including musings by KSM and other high-value detainees ... during unguarded moments."

[Saije]

Maybe the prosecutors are planning a big gotcha moment at the trial?

[Carriage Hill]

Just. Kill. Them. All.

[Conservative Vermont Vet]

Just yet one more example of the ongoing "wussification" or our Military and how conduct is now more intent with being PC (with a bunch of Ambulance Chasers tying the hands of our Warriors) and it being more concerned with the "rights" of our Enemies than the safety and security of those who are engaged (SEE: Inane and Insane ROE's) as well as our Republic.

Sadly the REMF in the Pentagon (most notably the JCS, who NONE has ever served in harms way) are complicit in this and it seems they are more interested in their careers and promotions then in looking out for the troops...or us.

[muir_redwoods]

I have no idea what the military rules of procedure are but in civilian courts, judges do not like big, Perry Mason-like “gotcha’s” sprung from nowhere during a trial. Judges rule on what evidence is admissible and the defense usually is made aware of what evidence they are facing.