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    S04 - Ep. 9: This Is the Weirdness

    enMay 16, 2024

    Podcast Summary

    • 9/11 Families Advocate for Humane Treatment of Accused MastermindsDespite their loss, families of 9/11 victims advocate for humane treatment and fair trials for accused masterminds, opposing transfer to supermax prisons.

      The September 11th Families for Peaceful Tomorrows, a group of family members of 9/11 victims, have an unexpected perspective on the punishment for the accused masterminds of the attacks. Contrary to popular belief, they are advocating for the humane treatment of the detainees, even suggesting that they should remain in Guantanamo instead of being transferred to a federal supermax prison. This group, known for their opposition to war and their pursuit of peaceful solutions, has been closely monitoring the trial and has been vocal in their advocacy for fair and compassionate justice. Their positions hold significant weight as the 9/11 case reaches a turning point and a resolution may be in sight.

    • The 9/11 trial at Guantanamo Bay: A quest for understanding and closure for victims' familiesThe 9/11 trial at Guantanamo Bay was more than just a quest for a verdict, it was a complex journey for victims' families seeking answers and closure, involving intricate and convoluted processes.

      The 9/11 trial at Guantanamo Bay raised complex moral and legal questions that went beyond just achieving a verdict. For the victims' families, like Colleen Kelly, who lost her brother Bill in the attacks, the trial became a quest for understanding and closure. Colleen's obsession with Bill's last hour led her to meticulously gather information, from BlackBerry messages to photographs, to piece together his final moments. The trial, which was meant to bring justice, instead became a never-ending pursuit for answers and healing. The perplexing nature of the Guantanamo criminal justice system was further highlighted by this intricate and convoluted case.

    • Colleen's personal connection fuels her obsession with the 9/11 trialColleen's determination to uncover the truth about 9/11 and understand its intricacies drives her intense interest in the trial, beyond just accountability.

      Colleen's personal connection to the 9/11 attacks drives her intense obsession with the 911 trial. Having believed she recognized her brother Bill in a photograph of people at the scene, she became determined to uncover the truth about what happened that day and hold those responsible accountable. Despite the men being imprisoned for over two decades, Colleen's interest in the trial extends beyond accountability, as she yearns to understand the intricacies of how the attacks were orchestrated and why. She has already researched extensively but believes the trial will provide the primary sources and specific answers she seeks. The trial represents an opportunity to unlock crucial information and satisfy her insatiable curiosity. The Nuremberg trials served a similar purpose post-World War II, holding war criminals accountable and resetting a common morality. Colleen's dedication underscores the importance of trials as a means of seeking truth and justice.

    • Complexities and instability of the 9/11 military commissionsThe 9/11 military commissions at Guantanamo Bay have faced numerous judicial changes, complications, and instability, hindering progress and eroding public trust in the legal system's ability to deliver justice.

      The military commissions trying the 9/11 cases at Guantanamo Bay have faced numerous judicial changes and complications, leading to a lack of understanding and skepticism from the public. The court system, which has seen six different judges in less than a decade, deviates significantly from traditional criminal courts by allowing hearsay evidence and denying defendants the right to confront their accusers. This complexity and instability have made it difficult for even knowledgeable individuals to grasp the intricacies of the case. The ongoing judicial shuffling not only hinders the progress of the 9/11 trials but also undermines the public's trust and confidence in the legal system's ability to deliver justice.

    • Military commissions at Guantanamo Bay face numerous issuesThe military commissions at Guantanamo Bay, particularly in the 9/11 case, are marked by complications and concerns over hearsay evidence, torture-derived statements, classified information, attorney-client intrusions, and potential biased proceedings.

      The military commissions at Guantanamo Bay, particularly in the 9/11 case, are plagued with numerous issues that make for a complicated and contentious legal process. Hearsay evidence, torture-derived statements, classified information, and intrusions into attorney-client meetings are just some of the problems that have led to lengthy delays and skepticism from legal experts. The use of secondhand statements, even in capital cases, and the potential admission of torture-derived statements are concerns that would not be tolerated in federal court. The classification of evidence and witnesses, many of whom worked in black sites, further complicates the defense's ability to build a strong case. Additionally, intrusions into attorney-client meetings and hidden mics have raised concerns about the impartiality and integrity of the proceedings. With many legal experts agreeing that a verdict in this case may not survive appeal, the 13-year-long pretrial hearings in the 9/11 case serve as a reminder of the complexities and challenges of these military commissions.

    • Military commissions' trials for 9/11 defendants face numerous defects and delays, leaving families disillusionedFamilies of 9/11 victims are advocating for plea deals due to lengthy and dysfunctional trials, despite emotional challenges

      The military commissions trying the 9/11 defendants have been plagued with numerous defects and delays, leaving victims' families feeling disillusioned and uncertain about the prospect of a resolution. After years of watching the proceedings, some families have lost faith in the military commission system and now advocate for plea deals as the most logical solution. Despite the emotional challenges of accepting plea deals for those responsible for such a heinous crime, the lengthy and dysfunctional nature of the trials may necessitate this approach. In 2021, significant changes such as the retirement of the long-standing chief prosecutor and the sentencing hearing of Majid Khan, who discussed his torture, hinted at potential shifts in the military commissions' approach to the 9/11 cases.

    • Families of 9/11 Victims at Guantanamo HearingIn 2022, families of 9/11 victims, once marginalized for their anti-war stance, participated in a Senate hearing on closing Guantanamo Bay. They worked with defense attorneys to prepare questions for defendants and waited for justice, focusing on understanding the plot and defendants' guilt.

      The families of 9/11 victims, who were once marginalized for their anti-war and anti-violence stance, found themselves at the table during a Senate hearing on closing Guantanamo Bay in 2022. The national mood had shifted, and vengefulness had dimmed, allowing for a more nuanced discussion on the 9/11 case. The families, who had long waited for justice, were now working with defense attorneys to prepare questions for the defendants in the event of a plea deal and sentencing. Despite the animated discussions in their meetings, they chose to remain quiet and let the negotiations proceed, understanding the fragile political climate surrounding the case. The families' primary concerns were understanding the inner workings of the plot and the relative guilt of the five defendants, particularly in regards to the finances. After nine months of plea negotiations, everyone was growing anxious, but the families continued to wait and trust the process.

    • Controversial 9/11 Plea Deals Spark OutrageThe 9/11 plea deals caused controversy due to lack of consultation with victim families and potential avoidance of death penalty, leading to criticism and administration's decision to decline support.

      The plea deals in the 9/11 case, which had been ongoing for over a year and a half, sparked intense controversy when it was revealed that some victim families were not consulted and that the defendants might avoid the death penalty. This led to widespread outrage and criticism, with some family members writing an open letter to President Biden protesting the deals. The administration eventually declined to support the terms of the plea, and the case continued to move forward in court. The process highlighted the complexities and sensitivities involved in resolving such a high-profile and emotionally charged case.

    • Uncertainty Surrounds 911 Trial at GuantanamoThe 911 trial at Guantanamo was uncertain during the week in question due to debates over the admissibility of statements made by defendants after leaving CIA custody and concerns over torture and lack of legal representation.

      The 911 trial at Guantanamo, which involves five teams of around 20 people each, was in a state of uncertainty during the week in question. The focus of the hearing was on whether statements made by the defendants after they arrived at Guantanamo and were no longer in CIA custody could be used as evidence at trial. The defense argued that these statements, known as "clean team statements," were tainted due to their potential connection to torture and the lack of proper legal representation for the defendants during the interviews. A former FBI agent's testimony seemed to bolster the prosecution's case, but he also criticized the CIA's handling of the situation. Significant developments in another case, including the severing of a defendant and the dismissal of clean team statements due to torture concerns, added to the sense that the 911 case was disintegrating. Despite this, some believed that plea deals were still a possibility. The atmosphere at Guantanamo was described as hot and relaxed, with reporters often socializing together in the evenings. Colleen, a longtime observer of the case, shared memories and insights with her journalist colleagues.

    • A prolonged legal battle with no clear endThe trial of Khalid Sheikh Mohammed and other accused 9/11 masterminds at Guantanamo Bay is a complex, ongoing legal process where both defense and prosecution teams remain committed to their respective missions, human rights, and justice for victims.

      The trial of Khalid Sheikh Mohammed and other accused 9/11 masterminds at Guantanamo Bay is a protracted, complex legal battle with no clear end in sight. The defense and prosecution teams have been engaged in this case for over a decade, with numerous hearings and rulings, and both sides remain committed to their respective missions. The defense team, led by Jay Canel, is fighting for the defendants' human rights and the rule of law, while the prosecution is pursuing justice for the victims of the 9/11 attacks. Despite the challenges and setbacks, both sides continue to press on, with no clear timeline for resolution. The case has felt like a falling apart train that just keeps going, with both sides locked in a legal battle that resembles a revenge fantasy for some. The prosecution, however, has not publicly shared this perspective.

    • A Long and Emotional Journey for Justice SeekersThe pursuit of justice for victims of crimes can be a lengthy and emotionally taxing process, but some find growth and understanding in the journey itself.

      The pursuit of justice for victims of crimes, especially those as heinous as 9/11, can be a long and emotionally taxing process. Colleen, a member of Peaceful Tomorrows, a group for families of 9/11 victims, had gone to Guantanamo Bay to witness the military commission trial of Khalid Sheikh Mohammad. She had hoped for accountability and closure, but after years of waiting, she was faced with the possibility of no trial or plea deal. The prosecution had initiated plea negotiations two years ago due to the lengthy and uncertain trial process. Colleen's emotional journey during the week was filled with despair and uncertainty, contrasting with Leila Murphy's more detached observation. Leila, a young law student and sister of a 9/11 victim, seemed to have no expectations from the trip, focusing on taking in the experience and learning from it. The process of seeking justice can be a long and difficult one, but for some, like Leila, the journey itself can be a source of growth and understanding.

    • Leila's quest for accountability and closureYoung woman's pursuit of acknowledgement and apology from US government for father's wrongful detainment and death in Guantanamo Bay continues to fuel her hope for resolution and closure, despite long odds.

      Leila, a young woman whose father was wrongfully detained and ultimately died in Guantanamo Bay after 9/11, yearns for accountability and an admission of guilt from the US government. Despite the efforts of the military and legal system to bring justice, she feels that true resolution and resetting of common morality as a country has yet to be achieved. This desire for acknowledgement and apology is a source of hope for Leila, who is about to become a lawyer, and she believes it could bring a sense of closure not just for her, but for the nation. However, she understands it's a long shot, and the ongoing nature of the situation is a constant reminder of the complexities and challenges of the legal and political landscape.

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