9/11 judge and prosecutors should step down over ‘destroyed evidence’, defense demands

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A courtroom sketch of Khalid Sheikh Mohammed, whose defense team said it received a sealed order in February that the judge had permitted the government to destroy evidence.
A courtroom sketch of Khalid Sheikh Mohammed, whose defense team said it received a sealed order in February that the judge had permitted the government to destroy evidence. Photograph: Janet Hamlin/AP

An explosive allegation about destroyed evidence threatens to unravel the already shaky military tribunal for the alleged architect of the 9/11 terrorist attacks.

Attorneys for Khalid Sheikh Mohammed are calling on the judge and the entire prosecution team in Mohammed’s military commission at Guantánamo Bay to step down from the long-running case over what a member of the defense team called “at least the appearance of collusion” that led to the government apparently secretly destroying information relevant to the premier post-9/11 tribunal.

The defense team further argues that the destruction of evidence ought to spell the end of Mohammed’s military trial entirely, a development that would leave the Obama administration and its successor to come up with an entirely new plan for what to do with the top terror suspect in US custody.



“Now, and indeed over other matters previously, Khalid Sheikh Mohammed’s military commission is fatally flawed,” said David Nevin, Mohammed’s lead attorney.

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