US prosecutors argued Nov. 2 that even if suspected USS Cole bomber Abd al-Rahim al-Nashiri is acquitted by a military tribunal, the US government has the authority to detain him in Guantánamo Bay until the end of the hostilities in the US war on terror. Navy Lt. Cmdr. Stephen Reyes, al-Nashiri's defense attorney, argued that al-Nashiri's inevitable indefinite detention renders his trial merely a show, and that jurors have the right to be informed that they are simply playing a role in a pre-determined political decision. Prosecutors responded that a jury's potential to find al-Nashiri guilty and sentence him to death for war crimes is an issue separate from governmental authority to keep enemy combatants off the battlefield. Al-Nashiri's arraignment, scheduled for Nov. 9, will be the first time he has appeared in public since his capture in 2002, followed by a series of transfers among CIA prison systems. Al-Nashiri will also be the first Guantánamo prisoner to face a possible death sentence.

Lawyers defending detainees at Guantánamo Bay said Nov. 1 that procedures and practices employed by the US government make it impossible for them to do their jobs. In a letter (PDF) directed to the attention of the Deputy Secretary of Defense for Detainee Affairs, the attorneys allege that Joint Task Force Guantanamo (JTF-GTMO) staff seize, open, interpret, read and review attorney-client privileged communications—actions which the attorneys argue are unlawful. As a result of this practice by the JTF-GTMO, the attorneys find themselves in "an untenable position of having either to violate professional ethical standards in order to communicate with our clients, or cease communicating with our clients," and accordingly request that the practice be stopped immediately. Additionally, the attorneys, who represent six "high value detainees," address the refusal up to this point of the government to respond to their complaints or requests in spite of sending "multiple communications."

Human Rights Watch (HRW) and Amnesty International (AI) last week urged the Canadian government to investigate and arrest former US president George W. Bush for his role in torture, ahead of his travel to an economic summit in British Columbia. AI's submission to Canadian authorities emphasizes Bush's authorization of "enhanced interrogation techniques" including waterboarding, which Bush has admitted.

The US Department of Defense on Sept. 28 officially referred charges against a high-profile Guantánamo Bay detainee who allegedly planned the 2000 attack on the USS Cole that left 17 sailors dead and 37 others injured. Saudi-born former millionaire Abd al-Rahim al-Nashiri will stand trial before a military tribunal at Guantánamo on nine terrorism, conspiracy and murder charges. Specifically al-Nashiri will be charged with orchestrating the attack on the Cole, during which two suicide bombers rammed an explosives-laden boat into the guided missile destroyer, blowing a vast hole into its side.

US-born purported al-Qaeda leader Anwar al-Awlaki was killed Sept. 30 in a drone strike outside the town of Khashef in Yemen's Jawf province. At least three of al-Awlaki’s companions were also killed in the same strike, including fellow US citizen Samir Khan, editor of the slick al-Qaeda magazine Inspire. President Obama hailed the killing as "a major blow to al-Qaeda's most active operational affiliate," saying the death "marks another significant milestone in the broader effort to defeat al Qaeda." American Civil Liberties Union (ACLU) deputy legal director Jameel Jaffer said the killing was part of a US counter-terrorism program that "violates both US and international law."

This one is really good. The poorly named 9-11 "Truthers" (perhaps more accurately rendered "Falsers") continue to moronically assert that al-Qaeda never claimed responsibility for the 9-11 attacks—despite the fact that it has done so time and time and time again. Now the terror network takes Iran's Mahmoud Ahmadinejad to task for spouting revisionist malarky that would steal the glory from Osama and his crew by blaming the attacks on the US government. David Goodman writes for the New York Times' The Lede blog Sept. 28:

US counter-terrorism officials have indicated that the administration of President Barack Obama is considering trying the former leader of Hezbollah in a military commission on US soil, the Associated Press reported Sept. 26. According to anonymous officials, the Obama administration is considering the controversial move because they believe that the best place to try Ali Mussa Daqduq is a US military base. Daqduq was captured in Iraq in 2007, where he is currently being held. He is linked to a raid in Karbala, which killed four US soldiers, and is believed to have ties to Iran. If a US military tribunal hears the case, it will mark the first time a military commission has been held on US soil since 9-11. If no decision is made by the end of the year, Daqduq must be transferred to the custody of Iraqi officials according to a 2008 agreement between the US and Bagdad. Some have suggested that Daqduq be tried at Guantánamo Bay as an alternative to a trial in the US.

The US Court of Appeals for the Eleventh Circuit in Atlanta ruled Sept. 19 that a 17-year sentence was not enough for Jose Padilla, convicted on terrorism-related charges. Padilla and co-defendants Adham Hassoun and Kifah Jayyousi had appealed their convictions, and federal prosecutors appealed the sentence given by US district court Judge Marcia Cooke. Upholding all three convictions and ordering a new sentencing hearing for Padilla, the court explained: