U.S. v. Khalid Sheikh Mohammed, et. al.

Well after six years of infighting between the military, DOJ, DOD, White House, D.C Circuit, and the U.S. Supreme Court, the U.S. has finally brought charges against Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarek Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, Mustafa Ahmed Adam al Hawsawi, and Mohamed al Kahtani. All counts are related to the 9/11 attacks upon the World Trade Center and the Pentagon. According to DOD:

Each of the defendants is charged with conspiracy and the separate, substantive offenses of: murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism and providing material support for terrorism.

The first four defendants, Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarek Bin ‘Attash, Ramzi Binalshibh, and Ali Abdul Aziz Ali are also charged with the substantive offense of hijacking or hazarding a vessel.

All of the charges are alleged to have been in support of the attacks on the United States on Sept. 11, 2001.

Now that sworn charges have been received, the convening authority will review the charges and supporting evidence to determine whether probable cause exists to refer the case for trial by military commission. The chief prosecutor has requested that charges to be tried jointly and be referred as capital for each defendant. If the convening authority, Susan Crawford, in her sole discretion, decides to refer the cases as capital, the defendants will face the possibility of being sentenced to death.

The charge sheet details 169 overt acts allegedly committed by the defendants in furtherance of the Sept. 11 events.

The charges allege that Khalid Sheikh Mohammed was the mastermind of the Sept. 11 attacks by proposing the operational concept to Usama bin Laden as early as 1996, obtaining approval and funding from Usama bin Laden for the attacks, overseeing the entire operation, and training the hijackers in all aspects of the operation in Afghanistan and Pakistan.

Walid Muhammad Salih Mubarek Bin ‘Attash is alleged to have administered an al Qaeda training camp in Logar, Afghanistan where two of the 19 Sept. 11 hijackers were trained. He is also alleged to have traveled to Malaysia in 1999 to observe airport security by U. S. air carriers to assist in formulating the hijacking plan.

Ramzi Binalshibh is alleged to have lived with the Hamburg, Germany, al Qaeda cell where three of the Sept. 11 hijackers resided. It is alleged that Binalshibh was originally selected by Usama bin Laden to be one of the Sept. 11 hijackers and that he made a “martyr video” in preparation for the operation. He was unable to obtain a US visa and, therefore, could not enter the United States as the other hijackers did. In light of this, it is alleged that Binalshibh assisted in finding flight schools for the hijackers in the United States, and continued to assist the conspiracy by engaging in numerous financial transactions in support of the Sept. 11 operation.

Ali Abdul Aziz Ali’s role is alleged to have included sending approximately $120,000 to the hijackers for their expenses and flight training, and facilitating travel to the United States for nine of the hijackers.

Mustafa Ahmed Adam al Hawsawi is alleged to have assisted and prepared the hijackers with money, western clothing, traveler’s checks and credit cards. He is also alleged to have facilitated the transfer of thousands of dollars between the accounts of alleged Sept. 11 hijackers and himself on Sept. 11, 2001.

Mohamed al Kahtani is alleged to have attempted to enter the United States on August 4, 2001, through Orlando International Airport where he was denied entry. It is also alleged that al Kahtani carried $2,800 in cash and had an itinerary listing a phone number associated with Hawsawi.

This marks the end of a very tough fight between Executive and Judicial power that attempted to blaze a trail into unfamiliar legal territory. Despite missteps, the lengthy process has finally culminated in a Nuremberg-like war crimes tribunal where, according to an interview with the chief prosecutor in the Wall Street Journal, the scope of the al Qaeda conspiracy will finally be revealed.

This will be VERY interesting to follow. A taste of where the salty proceedings will take place is available in a photographic essay here from the Wall Street Journal. Pretty sophisticated stuff compared to some of the courtrooms in Mississippi, so quit your bitch'n.

For news and commentary on this subject I highly recommend the Wall Street Journal (for those with a subscription) and Intel Dump, which is maintained by US Army reservist Phillip Carter, an associate attorney with McKenna Long & Aldridge.