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    Sept. 11 Trial Plea Negotiations Still Underway at Guantánamo Bay

    The lead prosecutor briefed the judge on the talks in an effort to fend off a claim that members of Congress had unlawfully meddled in the negotiations.Prosecutors and defense lawyers are still negotiating toward a plea agreement for the men accused of plotting the Sept. 11, 2001, attacks despite the Biden administration’s refusal to endorse certain proposed conditions, the lead prosecutor said in court on Wednesday at Guantánamo Bay.“This is all whirling around us,” said Clayton G. Trivett Jr., the prosecutor, discussing key details of the negotiations in open court for the first time. He added that “around the edges we have agreed to do things” and that “the positions that we took at the time are still available.”In mostly secret negotiations in 2022 and 2023, prosecutors offered to drop the death penalty from the case in exchange for detailed admissions by the accused architect, Khalid Shaikh Mohammed, and four other men who are charged as his accomplices in the hijackings that killed nearly 3,000 people. Since then, one of the five men has been ruled not mentally competent to stand trial.The occasion of the briefing was a legal filing by lawyers for Ammar al-Baluchi, one of the defendants and Mr. Mohammed’s nephew, asking the judge to dismiss the case or at least the possibility of a death penalty because of real or apparent political interference by Senator Ted Cruz, Republican of Texas, and other members of Congress last summer.In August 2023, those members of Congress began urging relatives of Sept. 11 victims on social media to pressure President Biden to derail any deal that would prevent capital punishment.At the time, the White House was deciding whether to endorse certain conditions sought through the talks, most related to addressing the physical and psychological damage the men had from torture in their early years of incommunicado custody by the C.I.A.On Sept. 6, 2023, the White House declined to get involved.Rita J. Radostitz, a lawyer for Mr. Baluchi, said that Mr. Cruz then took “a victory lap.”“The Biden administration was prepared to give them a plea deal,” Mr. Cruz posted on social media. He went on, using the acronym for the Defense Department, “After I pressed the DoD, they reversed course & rejected the plea deal. Big win for justice.”But both defense and prosecution lawyers told the judge on Wednesday that the White House position did not derail the talks.When Mr. Cruz got involved, defense lawyers were “working with the prosecution streamlining all the litigation to present, in an open setting, a full examination of the events of 9/11 and answer all the victim family members’ questions about what happened,” said Gary D. Sowards, Mr. Mohammed’s lawyer.Any deal would take the death penalty off the table and require a mini-trial and airing of the facts of the attack, he said.The defendants want guarantees of trauma care for head injuries, gastrointestinal damage and mental illnesses blamed on their C.I.A. detention; to continue to eat and pray together communally, rather than be held in solitary confinement; and to get better communication with their families rather than recorded video calls. But Mr. Trivett said those demands, called “policy principles,” require infrastructure, funding and executive branch approval. So he forwarded them to the general counsel of the Defense Department while his team secretly negotiated how a plea agreement would play out in the Guantánamo court.He said Congress had legitimate interests in that aspect of the negotiations, because some assurances would require funding — and Congress decides the Pentagon’s budget.Mr. Sowards said a negotiated settlement at Guantánamo would not resemble one in federal court, where a defendant comes to plead guilty and is sentenced without a trial.These negotiations between prosecution and defense lawyers were working toward a lengthy, open court process that would involve a detailed plea, presentation of the crime, testimony by victims and possibly an opportunity for family members to have the defendants answer their questions, Mr. Sowards said.In military commissions, that process can last months.Mr. Trivett told the judge that about 20,000 people can be counted as relatives of the victims of the attacks, and there was no agreement “on what is justice in this case, what is an appropriate punishment.” He made the presentation on a rare week when only one relative was watching in the spectators’ gallery.“I’m glad to hear they’re still talking, and that there’s an openness to bringing a plausible resolution that will give some sort of finality to everyone involved,” said Colleen Kelly, whose brother Bill was killed at the World Trade Center.By “everyone,” she said, she meant the Sept. 11 families, the prosecution and the defense lawyers, some who have been shouldering this responsibility for two decades. Ms. Kelly, a founder of the Sept. 11th Families for Peaceful Tomorrows movement, came to Guantánamo on Saturday to watch a week of hearings as a court-approved “nongovernmental observer.”This is the third week of a five-week pretrial hearing session, and as it happened, the prosecutors sponsored no family members as guest observers.Last month, when family members were watching the proceedings, another prosecutor told the judge that, regardless of the outcome of their trial, Mr. Mohammed and the others could be held forever in a form of preventive detention.In disclosing the details of the continuing talks, Mr. Trivett said there had been no unlawful influence on his team. “Nobody has threatened me,” he said, adding that he was under no pressure “not to negotiate consistent with what we consider to be a just result.”On Wednesday, Darin Miller, a spokesman for Mr. Cruz, said the senator would continue his efforts.“During his time in the Senate, Senator Cruz has led efforts to combat terrorists, from the Iran-controlled Houthis to the Revolutionary Armed Forces of Colombia (FARC) to Hamas, in addition to advocating against plea deals for terrorists being charged for plotting and planning 9/11. He will continue to do so,” Mr. Miller said. More

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

    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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    Bob Graham, former US senator and Florida governor who opposed Iraq war, dies at 87

    Former US senator and two-term Florida governor Bob Graham, who gained national prominence as chairman of the Senate intelligence committee in the aftermath of the September 11 2001 terrorist attacks and as an early critic of the Iraq war, has died aged 87.Graham’s family announced the death in a statement posted on X by his daughter Gwen Graham on Tuesday.“We are deeply saddened to report the passing of a visionary leader, dedicated public servant, and even more importantly, a loving husband, father, grandfather, and great-grandfather,” the family’s statement said.Graham, who served three terms in the Senate, made an unsuccessful bid for the 2004 Democratic presidential nomination, emphasising his opposition to the Iraq invasion.But his bid was delayed by heart surgery in January 2003, and he was never able to gain enough traction with voters to catch up, bowing out that October. He didn’t seek reelection in 2004 and was replaced by Republican Mel Martinez.Graham was a man of many quirks. He perfected the “workdays” political gimmick of spending a day doing various jobs from horse stall mucker to FBI agent and kept a meticulous diary, noting almost everyone he spoke with, everything he ate, the TV shows he watched and even his golf scores.Graham said the notebooks were a working tool for him and he was reluctant to describe his emotions or personal feelings in them. “I review them for calls to be made, memos to be dictated, meetings I want to follow up on and things people promise to do,” he said.Graham was among the earliest opponents of the Iraq war, saying President George W Bush distorted intelligence data and argued it was more serious than the sexual misconduct issues that led the House to impeach President Bill Clinton in the late 1990s. It led Graham to launch his short, abortive presidential bid.“The quagmire in Iraq is a distraction that the Bush administration, and the Bush administration alone, has created,” Graham said in 2003.During his 18 years in Washington, Graham worked well with colleagues from both parties, particularly Florida Republican Connie Mack during their dozen years together in the Senate.As a politician, few were better. Florida voters hardly considered him the wealthy, Harvard-educated attorney that he was.Graham’s political career spanned five decades, beginning with his election to the Florida House of Representatives in 1966. He won a state Senate seat in 1970 and then was elected governor in 1978. He was re-elected in 1982. Four years later, he won the first of three terms in the US Senate when he ousted incumbent Republican Paula Hawkins.View image in fullscreenGraham remained widely popular with Florida voters, winning reelection by wide margins in 1992 and 1998 when he carried 63 of 67 counties. In that latter election, he defeated Charlie Crist, who later served as a Republican governor from 2007 to 2011. Crist said on Tuesday that he came to “love him for the good, decent man that he was”.House speaker emerita Nancy Pelosi called Graham “a patriotic American” who “brought his love for his family and for his state of Florida to the Senate, where he served with immense dignity and courage”.Daniel Robert Graham was born 9 November 1936 in Coral Gables, where his father, Ernest “Cap” Graham, had moved from South Dakota and established a large dairy operation. Young Bob milked cows, built fences and scooped manure as a teenager. One of his half-brothers, Phillip Graham, was publisher of the Washington Post and Newsweek until he took his own life in 1963, just a year after Bob Graham’s graduation from Harvard law.In 1966 he was elected to the Florida legislature, where he focused largely on education and health care issues. He got off to a shaky start and was dubbed “Governor Jello” for some early indecisiveness, but he shook that label through his handling of several serious crises.As governor he also signed numerous death warrants, founded the Save the Manatee Club with entertainer Jimmy Buffett and led efforts to establish several environmental programs. Graham was also known for his 408 “workdays”, including stints as a housewife, boxing ring announcer, flight attendant and arson investigator. They grew out of a teaching stint as a member of the Florida Senate’s education committee and then morphed into the campaign gimmick that helped him relate to the average voter.“This has been a very important part of my development as a public official, my learning at a very human level what the people of Florida expect, what they want, what their aspirations are and then trying to interpret that and make it policy that will improve their lives,” Graham said in 2004 as he completed his final job as a Christmas gift wrapper.After leaving public life in 2005, Graham spent much of his time at a public policy centre named after him at the University of Florida and pushing the legislature to require more civics classes in the state’s public schools.Graham was one of five members selected for an independent commission by President Barack Obama in June 2010 to investigate a huge BP oil spill in the Gulf of Mexico that threatened sea life and beaches along several south-eastern Gulf states. 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    U.S.S. Cole Case Judge Sets Goal of 2025 Trial

    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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    When Richard Serra’s Steel Curves Became a Memorial

    The sculptor had a breakthrough in the late 1990s with his torqued metal rings. Then the attack on the World Trade Center, which Serra witnessed, gave them a sudden new significance.After the yelling, the hearings, the lawsuit, the dismantlement, Richard Serra entered the last decade of the last century with his mind cast toward the classics.He was happy to see the end of the ’80s. The American sculptor, who died Tuesday at 85, got caught up in the Reagan-era culture wars with “Tilted Arc,” a 120-foot plate of curved Cor-Ten steel that sliced across Manhattan’s Federal Plaza. It drew outrage almost as soon as it was installed in 1981. His fellow New Yorkers shouted at him on the street. People called his loft on Duane Street with death threats. (This newspaper, too, was not always kind.) The work was finally removed — in Serra’s estimation, destroyed — in March 1989. You could see the appeal of a trip to Italy.In Rome, he visited San Carlo alle Quattro Fontane: a chapel designed by Francesco Borromini that’s one of the prizes of Baroque architecture, topped by an oval dome. “The central space is simply a regular ellipse, and the walls that surround it are vertical,” he would later recall. “I walked in and thought: what if I turn this form on itself?”Serra’s “Tilted Arc” (1981), in Federal Plaza in Lower Manhattan. After a yearslong battle it was dismantled in 1989.Richard Serra/Artists Rights Society (ARS), New York; Photo by Chester Higgins Jr./The New York TimesBack in New York, after consulting with engineers and trying out new computer-aided design software, he created a sculptural form that had not existed before: free-standing plates of weatherproof steel whose top and bottom edges form two identical, misaligned ellipses. The rolled steel weighed some 20 tons, but had a finesse that belied their mass. They had the can-you-top-this confidence of an artist who saw Borromini as his peer, but they were more inviting than Serra’s previous steel works, beckoning you to explore their warmly patinated expanses.The torqued ellipses, quite literally, shifted the axis of Serra’s career: from solid to space, from process to perception, from the artist’s actions to the viewer’s bodily experience. Their enclosing volumes provided this once controversial, always gruff artist an unexpectedly congenial third act; the ellipses at the Dia Art Foundation in Beacon, N.Y., have become a reliable venue for second dates, an ideal backdrop for cultured flirtation. Whereas for me the ellipses have remained these past decades something more like empty tombs, wedded in my mind to another site of deformed steel, and to the life of an artist who experienced Sept. 11, 2001, with horrible immediacy.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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    Military Judge to Rule on C.I.A. Torture Program in Sept. 11 Case

    Lawyers argued over the rare legal doctrine in an effort to dismiss the case at the start of pretrial hearings in the Sept. 11 case at Guantánamo Bay.A defense lawyer asked a military judge on Monday to dismiss the Sept. 11 conspiracy charges against a Saudi prisoner who was tortured in C.I.A. custody, describing the secret overseas prison network where the man was held as part of a “vast criminal international enterprise” that trafficked in torture.Defense lawyers in the case have said for years that the case should be dismissed based on a rarely successful legal doctrine involving “outrageous government conduct.”On Monday, Walter Ruiz became the first defender to present the argument to a military judge on behalf of Mustafa al-Hawsawi, who is accused of helping the Sept. 11 hijackers with money transfers and travel arrangements.The interrogation and detention program as carried out on his client so “shocks the conscience,” he said, that Mr. Hawsawi should be dropped from the conspiracy case.In a nearly daylong presentation, Mr. Ruiz used government documents to argue that the prisoner was sexually assaulted in his first month of detention, waterboarded by C.I.A. interrogators without permission, deprived of sleep and kept isolated in darkened dungeonlike conditions starting in 2003.In order to build their cases against former C.I.A. prisoners, prosecutors had so-called clean teams of federal agents reinterrogate the defendants at Guantánamo Bay in 2007, without using or threatening violence.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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    Progressive congressman’s personal blog promoted 9/11 conspiracy theories

    The progressive US congressman Jamaal Bowman is seeking to distance himself from conspiracy theories about the deadly September 11 terrorist attacks which he published on a personal blog that he ran before his career in elected office.The New York representative was linked to the blog in question by the Daily Beast on Monday as he faces a substantial primary challenge from a fellow Democrat over his criticism of Israeli military strikes in Gaza in response to Hamas’s 7 October 2023 attack.Bowman was also grappling with the Daily Beast’s reporting after his 2023 fine and misdemeanor guilty plea for apparently pulling a fire alarm at the US Capitol shortly before the US House was supposed to vote on a government funding bill. Though he maintained that the fire alarm pull was accidental, the House censured Bowman, who was accused of trying to delay the funding bill vote.“I don’t believe anything that these cranks have said, and my life’s work has proved that,” said a statement that Bowman distributed to media outlets about the far-right conspiracy theories once featured on a blog.Bowman’s statement alluded to a resolution that condemned the racist white replacement theory that drove a gunman to murder 11 Black people in Buffalo in 2022 and said: “My life’s work has proved that … I’ve called out the endless bullshit of the far right.”The deactivated relentless-strongback.blogspot.com blog contained Bowman’s thoughts on the news and other topics when he was a New York City middle school principal. Some of the writings seemed to express doubts about the established history of the September 11 attacks that killed nearly 3,000 people in 2001 after terrorists hijacked and crashed passenger planes into New York’s World Trade Center, the Pentagon in Washington DC and a field in Pennsylvania.“Hmm … / Multiple explosions / Heard before / And during the collapse / Hmm … ,” one piece of writing, resembling free verse, at the blog said.Another piece read: “Allegedly / Two other planes / The Pentagon / Pennsylvania / Hijacked by terrorist / Minimal damage done / Minimal debris found / Hmm.”As the Daily Beast reported, those writings appeared to refer to the disproven fringe theory that one of the World Trade Center buildings that collapsed on 9/11 was actually felled by an intentional, controlled demolition. The writings also seemed to refer to the Pentagon strike that caused the facility’s outer wall to collapse while killing 184 people. And they also seemingly made short mention of the hijacking that ended in Pennsylvania with dozens of deaths and considerable debris.Bowman’s blog also suggested that readers watch Loose Change and Zeitgeist, films that propagated 9/11 conspiracies peddled among the far right. The Daily Beast noted that both were favored by the gunman who shot six people to death and wounded then congresswoman Gabby Giffords in 2011. Meanwhile, the Daily Beast added, Alex Jones has spoken flatteringly of Zeitgeist and served as an executive producer of the final cut of Loose Change – before the rightwing provocateur was hit with a $1.5bn judgment for spreading lies that the deadly 2012 school shooting in Newtown, Connecticut, was a hoax aimed at forcing Americans to accept gun control.skip past newsletter promotionafter newsletter promotionBowman’s statement maintained “few people ever read” his blog, parts of which can still be accessed through the Internet Archive. He added that some of its posts were inspired by research he conducted into “a wide range of books, films and articles” as he debated pursuing a doctorate.“I of course do not believe any of these conspiracy theories that are pushed by the same right-wing fanatics who have always been opposed to my candidacy and presence in Congress,” Bowman’s statement said.Since joining the House in 2021, Bowman’s brand of leftwing progressive politics has indeed been pilloried by conservatives, including some who tried to compare him to the Donald Trump supporters who attacked Congress on 6 January 2021.Bowman said his office was also inundated with angry calls after he joined a few House members who opposed a resolution supporting Israel’s ongoing strikes in Gaza. And by December, George Latimer, a pro-Israel Democratic politician from Westchester county, New York, announced he would run for Bowman’s seat as the incumbent seeks a third term in the House during the upcoming election cycle. More

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    Mayor says New York is world’s greatest city because any day could be a new 9/11

    Asked to sum up 2023 in New York City, the mayor, Eric Adams, chose to give New Yorkers a bizarre warning that they could “wake up” to another 9/11 terrorist attack on any given day.Asked by the WPIX-TV host Dan Mannarino to sum up a “very eventful” year in one word, Adams offered two: “New York”.Then he said: “This is a place where every day you wake up you could experience everything from a plane crashing into our trade center through a person who’s celebrating a new business that’s about to open.“This is a very, very complicated city, and that’s why it’s the greatest city on the globe.”On 11 September 2001, Islamist terrorists crashed two hijacked airliners into the towers of the World Trade Center in downtown Manhattan. The death toll was 2,977. Thousands were injured and thousands have since died of illnesses related to crash site toxicity.Hijacked planes also crashed into the Pentagon in Virginia and a field in Shanksville, Pennsylvania. The attacks fueled 20 years of war, including US-led invasions of Afghanistan and Iraq.Adams was not pressed on his bizarre remark to WPIX, though he was later asked what he needed to improve in 2024.“Probably communications,” he said.The Democrat, a former police officer, became the second Black mayor of New York when he took office last year. This month, beset by scandal, he recorded the lowest approval rating ever recorded for a New York mayor by Quinnipiac University polling.Just 28% of respondents said they approved of Adams’s performance.“There’s no good news for Mayor Adams in this poll,” said Mary Snow, assistant director of the Quinnipiac poll. “Not only are voters giving him poor grades on the job he’s doing at city hall, their views on his character have dimmed.“As the city faces across-the-board budget cuts while dealing with a migrant crisis, headlines about a federal investigation into the mayor’s 2021 campaign and an accusation of sexual assault leveled against him from 30 years ago are taking a toll.” More