Tuesday, November 8, 2011
Al-Nashiri, the person alleged to be the mastermind behind the bombing of the USS Cole in Yemen in 2000, is scheduled to be arraigned tomorrow before a military commission at Guantanamo Bay. It will be the first trial by military commission since President Obama lifted the moratorium on military commissions at Guantanamo Bay. However, it is expected to be months, if not a year or more, before any testimony is heard. In the meantime, lawyers will be filing motions regarding a number of procedural and evidentiary issues. The most difficult of these issues is likely to be whether any of al-Nashiri's statements obtained as a result of "enhanced interrogation techniques" will be admissible. The 2010 Manual for Military Commissions, rule 304, prohibits statements obtained by torture. Other statements must be evaluated for reliability. If convicted of the charges against him, including murder and terrorism, al-Nashiri could be sentenced to death.