WASHINGTON — The judge in the military commission case against Khalid Shaikh Mohammed
and four other suspected Sept. 11 plotters ruled that details of harsh
interrogation techniques used on them would be kept secret during their
trial, a decision that human rights advocates called an attempt to hide
the fact that the men were tortured.
The order, signed by Army Col. James L. Pohl on Dec. 6 and made public Wednesday, represents a clear victory for U.S. military and Justice Department
prosecutors in the opening round of pretrial disputes. The first and
only trial in the Sept. 11, 2001, terrorist attacks could begin as soon
as next year.
Prosecutors had wanted all information about the five men's arrests
and treatment at so-called black sites abroad to remain classified. Pohl
agreed even though some government officials have acknowledged that
Mohammed, for instance, was waterboarded 183 times after his 2003
capture in Pakistan. Waterboarding simulates drowning; many consider it torture.
Nevertheless, Pohl ruled that
"enhanced interrogation techniques that were applied to the accused …
including descriptions of the techniques as applied, the duration,
frequency, sequencing and limitations of those techniques," would remain
classified. Nor will he permit the defendants or their attorneys to
discuss those matters in legal papers or open court.
"Names, identities and physical descriptions of any persons involved
with the capture, transfer, detention or interrogation" of the accused
will not be released, he said, nor will any "information that would
reveal or tend to reveal the foreign countries" where the suspects were
held before their transfer to the prison at the U.S. Naval Base at Guantanamo Bay, Cuba.
Pohl approved a 40-second audio delay in future proceedings to further protect classified information.
His "Protective Order No. 1" marks one of the most significant
rulings in a case with worldwide interest in how the U.S. handles
terrorism suspects as families await justice for nearly 3,000 loved ones
killed in the airliner attacks at New York City's World Trade Center, the Pentagon outside Washington and a farm field in western Pennsylvania.
Defense lawyers, the American Civil Liberties Union and a group of news organizations — including the Tribune Co., owner of the Los Angeles Times — had urged the judge to permit disclosure of this information.
"We're profoundly disappointed," said Hina Shamsi, an ACLU lawyer,
adding that she would probably appeal the protective order. "The
government wanted to ensure that the American public would never hear
the defendants' accounts of illegal CIA torture, rendition and detention, and the military judge has gone along with that shameful plan."
Eugene Fidell, a military law expert at Yale Law School, said many
would view the ruling as the government's attempt to try the men in
secrecy despite new military commission safeguards under the Obama
administration that promised transparency.
As a writer I have found that one problem in communicating
with readers is that many have political, social, economic, or
ideological agendas. They read in order to confirm their beliefs and agendas. Neither the right-wing nor the left-wing can escape their ideological boxes and are creatures of their biases. They want their prejudices vindicated and their beliefs supported.
A writer who tells them something that they do not want to hear receives abuse.
These readers cannot benefit from facts and new information and change their minds. Truth is what validates their prejudices, biases, or their programing. Objective truth is not the matrix in which they live.
If a writer makes a case so clear that readers simply cannot avoid it, the reader will intentionally misread the article or book and attack the writer for saying everything that he does not say. The chorus will join in the effort to shut down the unwelcome information before it reaches others.
The Israel Lobby uses the technique of branding everyone who criticizes, no matter how constructively and moderately, any Israeli government policy, no matter how egregious, an anti-semite. The Israeli government applies this tactic to its own Israeli political opposition and to Jews themselves who are branded “self-hating Jews” if they criticize government policy toward the Palestinians. The effect is to deprive the Israeli government of constructive criticism. Only the Israel Lobby could call former President Jimmy Carter an anti-semite. Anyone who is not totally enthusiastic about Israel’s theft of Palestinian lives and properties is an enemy of Israel. These wild accusations from the Israel Lobby deprive anti-semite of any meaning. Essentially, every moral person has become an anti-semite. The Israeli government has simply cut itself off from truth.
The identical hardline substitution of self-interest for factual reality characterizes the American right and left. The right-wing insists that America is going broke because of welfare spending. The left-wing persists in its belief that government is capable of great good if only the right people are in power and that social institutions, such as religion, and inanimate objects, such as guns, are responsible for human evil.
If a majority of Americans sought objective truth instead of confirmation of their beliefs, truth could prevail over special interests. Reality would inform social, political, and economic life, and American prospects would be good. But when a majority are hostile to facts and truths that do not support their biases and serve their interests, there is a disconnect from reality, which is the situation in America today.
It is ironic that the left-wing, which has a large repertoire of tales of societies in the clutches of shamans, witch doctors and priests, imposes its own artificial or make-believe realities on social, political, and economic explanations. Leftists who appear to be oblivious to the militarized murderous police state erected by Bush and Obama still go out of their way to tell me how evil Ronald Reagan was and that I must also be evil because I served in the Reagan administration.


The court 






