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    Judge in Sept. 11 Case Visits Former C.I.A. Black Site

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    Col. Matthew McCall toured the part of the prison at Guantánamo Bay where, in 2007, federal agents obtained now-disputed confessions from terrorism suspects.In a first, a military judge at Guantánamo Bay on Friday crossed into the security zone containing the wartime prison and inspected a former C.I.A. “black site” facility at the center of a dispute over the taint of torture in the Sept. 11, 2001, case.It was a noteworthy moment in the arc of the two-decade history of the Guantánamo trials. No war court judge had before made the five-mile trip to look at the detention operations, where the military maintains the only known, still-intact remnant of the network of overseas prisons that the C.I.A. operated from 2002 to 2009.But Col. Matthew N. McCall, the judge, is edging toward a decision on whether the accused mastermind of the attacks, Khalid Shaikh Mohammed, and three co-defendants voluntarily confessed to conspiring in the attacks in their fourth year of detention, under questioning by F.B.I. agents at Guantánamo prison.And the prison site he visited, called Camp Echo, has played a central but covert role in the case. From 2003 to 2004, the C.I.A. kept five prized prisoners there, near the prison facilities but out of reach of the International Red Cross. It was part of its secret overseas network that hid about 120 “high-value detainees” in such far-flung sites as Afghanistan, Thailand and Poland.In April 2004, the agency closed the black site at Guantánamo and moved those five prisoners to other secret sites, on the advice of the Justice Department, to avoid a looming U.S. Supreme Court decision later that year that granted detainees at U.S.-controlled Guantánamo Bay access to lawyers.After President George W. Bush ordered Mr. Mohammed and 13 other C.I.A. prisoners be moved to Guantánamo in September 2006 to face trial, federal agents used the same portion of Camp Echo to obtain ostensibly lawful confessions by what the prosecutors called “clean teams.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      U.S.S. Cole Case Judge Sets Goal of 2025 Trial

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      The NewsAn Army judge who was in law school at the time of the U.S.S. Cole bombing restarted hearings in the case on Monday and declared it was his intention to put the accused mastermind of the attack on trial at Guantánamo Bay in 2025. If he does, the trial would start a quarter century after the terrorist attack that killed 17 U.S. sailors off Aden, Yemen.“I think it’s important to set benchmarks,” said Col. Matthew S. Fitzgerald, adding that he expected to serve as a military judge through 2026. He replaced the third judge to preside in the case at Guantánamo, Lanny J. Acosta Jr., who held his last hearing in the case in June.The destroyer Cole, at port in Aden, Yemen, after it was heavily damaged in an attack in 2000.Dimitri Messinis/Associated PressWhy It Matters: Families are waitingIt has been a long wait for survivors of the attack and relatives of the sailors who were killed. A Saudi prisoner, Abd al-Rahim al-Nashiri, has been in U.S. custody since 2002 and was first charged in 2011, making his the longest-running capital case at Guantánamo Bay.Paul Abney, a senior sailor on the ship, called the judge’s announcement “delightful words to hear.” He was in court on Monday for the hearings and has traveled to Guantánamo about 10 times since 2012 to watch the legal wranglings.“Even if it doesn’t happen next year, the fact that he’s willing to put a target date down, and make it a goal to shoot for is, I think, inspiring,” said Mr. Abney, a retired Navy master chief.What’s Next: More hearingsColonel Fitzgerald has 14 more weeks of hearings on the 2024 calendar. Pretrial matters yet to be tackled include the admissibility of some evidence, proposed witnesses, whether Mr. Nashiri can be tried by a military commission, how to seat a panel of military officers and whether Mr. Nashiri would be entitled to administrative credit if he is convicted but not sentenced to death.Even before court began, the judge issued an order with deadlines for both sides to prepare for trial. The timetable orders lawyers for Mr. Nashiri to provide prosecutors with a list of witnesses they would want to call to testify at the trial by Jan. 9.Facts to Keep in Mind: An appeal loomsThe judge announced the goal in his first hour on the bench. But he made no mention of a government effort to get an appellate panel to overturn a decision by his predecessor.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Bali Bombing Conspirators Get 5 More Years at Guantánamo Bay

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      A military jury sentenced two Malaysian men to 23 years for helping perpetrators of the bombing that killed 202 people, but a side deal reduced the punishment.A military jury at Guantánamo Bay sentenced two prisoners to 23 years in confinement on Friday for conspiring in the 2002 terrorist bombing that killed 202 people in Bali, Indonesia. But the men could be freed by 2029 under a secret deal and with sentencing credit.Mohammed Farik Bin Amin and Mohammed Nazir Bin Lep, both Malaysians, have been held by the United States since the summer of 2003, starting with three years in C.I.A. black site prisons where they were tortured. They pleaded guilty to war crimes charges last week.About a dozen relatives of tourists who were killed in the attacks spent an emotional week at the court and testified to their enduring grief. A jury of five U.S. military officers, assembled to decide a sentence in the 20-to-25-year range, returned 23 years after deliberating for about two hours on Friday.But, unknown to the jurors, a senior Pentagon official reached a secret agreement over the summer with the defendants that they would be sentenced to at most six more years. In exchange for the reduced sentence, they were required to provide testimony that might be used at the trial of an Indonesian prisoner, known as Hambali, who is accused of being a mastermind of the Bali bombing and other plots as a leader of the Qaeda affiliate group Jemaah Islamiyah.Then, separately, the judge, Lt. Col. Wesley A. Braun, cut 311 days off Mr. Bin Amin’s sentence and 379 days off Mr. Bin Lep’s because prosecutors missed court deadlines for turning over evidence to defense lawyers as they prepared their case.But the men could go home earlier. “The pretrial agreement contemplates the possibility of repatriation before the sentence is complete,” said Brian Bouffard, Mr. Bin Lep’s lawyer. When they are returned, he added, it will be to Malaysia’s state-run deradicalization program and a lifetime of monitoring by national security authorities.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More