• AutoTL;DRB
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    14 months ago

    This is the best summary I could come up with:


    In a pretrial hearing Tuesday at the Guantánamo Bay military tribunal, Clive Stafford Smith, a lawyer for a potential witness in the war crimes case, accused government prosecutors of “outrageous” misconduct.

    During the hearing for the case of Abd al-Rahim al-Nashiri, who is charged with masterminding the October 2000 attack on the USS Cole, Stafford Smith said the government attorneys had failed to release exculpatory information about Nashiri and made false statements in the course of their failure.

    In the court motion last year that set off Stafford Smith’s ethics complaints, the Guantánamo prosecutors said they had no knowledge of Rabbani’s recantation or claims the testimony in question were extracted by torture.

    Nashiri’s lawyer, Anthony Natale, said in an interview before this week’s court hearing that the prosecutors’ alleged falsehoods and failures to hand over exculpatory materials were indicative of why the Guantánamo military commissions have foundered, yielding no convictions at trial since their creation nearly a quarter century ago.

    Darbi — who was, like Rabbani, identified as a victim of torture by the Senate Intelligence Committee’s 2014 report on abuses during CIA terror investigations — had been offered the option to testify against Nashiri and took the deal.

    In late February, according to a emails obtained by The Intercept, he wrote to Navy Rear Adm. Aaron Rugh, the head of the prosecution team, alleging that the pleading contained false statements and requesting the signatories’ bar numbers.


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