9-11

Appeals court: military judge biased in 9-11 case

The US Court of Appeals for the District of Columbia Circuit ruled (PDF) Aug. 16 that Judge Scott Silliman should have recused himself in a case concerning multiple defendants who were charged with aiding in the 9-11 attacks. The petitioner, Khalid Sheikh Mohammed, argued that Silliman was biased in the matter and cited a 2010 comment in which Silliman called Mohammad and his co-defendants the major conspirators in th attacks. The court found that because Silliman "expressed an opinion that Petitioner is guilty of the very crimes of which he is accused," he manifested an "apparent bias" and thus should have recused himself. The court granted the petition seeking recusal of Silliman and vacated a decision (PDF) by the US Court of Military Commission to reinstate charges for "attacking civilians and destroying property in violation of the law of war" against Mohammad and his co-defendants.

Supreme Court limits suits by post 9-11 detainees

The US Supreme Court ruled (PDF)  4-2 on June 19 in Ziglar v. Abbasi that Muslim men detained in the aftermath of the 9-11 attacks cannot sue top US officials. The three consolidated cases center on the arrest and detention of men illegally present in the US at the time of 2001 terror attacks. The men claimed that former US attorney general John Ashcroft, former FBI director Robert Mueller and a former Immigration & Naturalization Services commissioner confined them despite knowing they had no ties to terrorism. In an opinion by Justice Anthony Kennedy, the court noted that the men were mistreated:

Families of 9-11 victims sue Saudi Arabia

More than 850 family members of victims of the 9-11 attacks filed a lawsuit (PDF) March 20 against the Kingdom of Saudi Arabia, alleging that the Saudi state provided support to al-Qaeda in multiple ways. First, it alleges that Saudi Arabian charities ran terrorist training camps in Afghanistan, working hand-in-hand with Osama bin Laden. The suit also claims that the Saudi government directly aided al-Qaeda by providing passports and transportation across the globe. Finally, the suit contends that certain Saudi officials worked with the hijackers in the US for the 18 months leading up to the attacks. The suit seeks unspecified damages, with the primary motive to hold Saudi Arabia accountable for the attacks.

Amnesty: 'final plea' to Obama to close Gitmo

Ahead of the 15th anniversary of the first detainees arriving at Guantánamo Bay Jan. 11, Amnesty International issued a "final plea" to President Obama to close the facility. The open letter (PDF) especially warned that the fate of the remaining detainees must not be left in the hands of the incoming Donald Trump. There are 55 people still held at Guantánamo, 45 of them detained without charge or trial. The 10 others have faced or are facing military commission proceedings that "fail to meet international fair trial standards." Six are currently facing the possibility of the death penalty after such unlawful trials. While the Obama administration has blamed the US Congress for blocking the closure of Guantánamo, Amnesty asserted that under international law domestic legislation or politics are not legitimate excuses for a country's failure to meet its treaty obligations.

Judge rejects NYPD settlement in surveillance suit

A federal judge has rejected (PDF) the New York Police Department's proposed settlement of a lawsuit accusing the department of improperly monitoring the city's Muslim community. Following the September 11 attacks, the NYPD has reportedly used undercover cops to monitor Muslim neighborhoods, organizations and mosques in the name of national security. In January, a settlement was reached, calling for a stricter modification of the police surveillance "Handschu" guidelines (PDF) and a civilian representative installed for five years to ensure that the NYPD complies. The NYPD declined to accept all proposed modifications yet acquiesced to the establishment of a civilian representative. Nevertheless, US District Judge Charles Haight rejected the proposed settlement, stating that it does not sufficiently protect the constitutional rights of Muslim citizens. Haight suggested that the NYPD further clarify the representative's role, and take additional measures to ensure guideline compliance such as requiring reporting to the court. While expressing disappointment in the ruling, the New York City law department stated its intention to address the judge's concerns.

US appeals court revives Abu Ghraib torture suit

The US Court of Appeals for the Fourth Circuit ruled (PDF) Oct. 21 that former detainees at the Abu Ghraib prison may continue their torture lawsuit against civilian military contractors. Four former prisoners allege that they were subjected to various forms of torture at the hands of CACI Premier Technology  contractors. The case had previously been dismissed under the "political question doctrine," but the court held the doctrine does not prevent the judiciary from deciding the case.

Conviction of bin Laden assistant upheld

A federal appeals court on Oct. 20 upheld (PDF) a conspiracy conviction of the former personal assistant to Osama bin Laden. The US Court of Appeals for the District of Columbia Circuit ruled that a military tribunal had jurisdiction to convict Ali Hamza Ahmad Suliman al-Bahlul. Bahlul was tried and convicted by a military commission created after September 11, 2001. A three-judge panel had thrown out the conspiracy conviction last year, and the Obama administration requested that the full appeals court reconsider the case. The issue in the case was whether the constitution grants Congress the ability to determine that conspiracy to commit war crimes is an offense triable by military commissions even though conspiracy crimes are not recognized as international war crimes. The majority determined that foreign nations could not have "a de facto veto power" over Congress' determination of which war crimes may be considered by a military tribunal:

Congress overrides veto of 9-11 bill

The US Congress on Sept. 28 overrode President Barrack Obama's veto of a bill that will allow the families of 9-11 victims to sue Saudi Arabia. Obama had vetoed the Justice Against Sponsors of Terrorism Act (JASTA), stating that it violates international standards of sovereign immunity, and may set a dangerous precedent for the US to be held liable by foreign courts. Obama stated that the decision was necessary to uphold US national interests. Congress voted overwhelmingly to override Obama's veto, with the Senate voting 97-1 and the House 348-77. This is the first veto overridden during Obama's presidency.

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