If Binalshibh is crazy or incompetent, the prosecution argues, it doesn't matter why or what caused his condition. All we need to know is that he is or is not. Who cares how he got that way? It's none of our business.
The proseuction also likes to point out that under the Military Commissions Act, all statements of a defendant, including those made in court, are classified. At the hearings, only those with appropriate security clearances will be in the courtroom. There will be a delayed audio feed, so in case the accused mentions something about his treatment while in a CIA black site, it won't be transmitted to the public or media in attendance.
If you like legalese, you can read through the full Military Commissions Act and the Manual with trial rules and procedures. I found the pleadings and court rulings more interesting.
Given the rules, which allow appeal to a Court of Military Commission Review (which will be composed of three military judges) and then (only)to the DC Circuit Court of Appeals, and then to the Supreme Court, it's unlikely these cases will be finished for years to come.
I wonder how President Obama is going to close Gitmo by Jan., 2010 if these proceedings are still underway. Where will they move these most dangerous of the dangerous (and by now probably crazy) detainees? They would have to move "Camp 7" to a place inside the U.S. and staff it with military guards. Could they even build one by 2010?
Another problem: Given the secrecy of the exact location of Camp 7, as evident from the pleading battle over whether Binalshibh's lawyers would be allowed to view his cell, which includes offers of counsel to be blindfolded and driven in blacked out vehicles to the location (an offer deemed insufficient to the Government), where would they build it in the US where it would remain such a secret?
Since the Government is seeking death, and given the likelihood they'll get it under the military tribunal system, maybe they will build a new camp 7 in Terre Haute, next to the federal death chamber. As to any who are acquitted (as if that would happen), since the Government will still be detaining them until the end of the war on terror, which is never, maybe those will go to Supermax in Florence, CO.
Splitting them up for trials in federal criminal courts or trials under the Code of Military Justice would be such a preferable solution. Not only for our image in the world, and for fairness to the accused, but for avoiding the years of headaches these proceedings are going to cause both practically and to our national psyche.
