Posts by Joshua Pantesco

CIA Says Destroyed Interrogation Videos Irrelevant to Guantánamo Prisoner Case
Posted by Joshua Pantesco, Jurist Legal News and Research on April 17, 2008 at 5:00 PM.

Two videotapes showing CIA officers interrogating al Qaeda suspects are likely not related to a federal case filed by a Guantánamo Bay detainee and thus not covered by a court order entered in that case directing the CIA to preserve evidence relating to the case, the CIA argued in court papers filed Wednesday. The filing came in response to an order issued in January by U.S. District Judge Richard W. Roberts directing the government to provide information about why the CIA destroyed videotapes showing the interrogation of terror suspects, whether other evidence connected to a lawsuit filed by Yemeni Guantánamo Bay detainee Hani Abdullah was destroyed, and what steps the government has taken to preserve relevant evidence. According to the CIA filing, the CIA has reviewed thousands of classified documents in conjunction with federal prosecutors to determine whether the tapes were protected under the court order, but found nothing to indicate they are relevant to the federal case. AP has more.

CIA Director Michael Hayden acknowledged in December 2007 that the CIA destroyed the two videotapes in 2005 amid concerns that they could be leaked to the public and compromise the identities of the interrogators. In February, Roberts extended the deadline for the CIA to reply to his request for information. The CIA had asked for the extension on the grounds that compliance could interfere with a U.S. Justice Department criminal probe into the destruction of the tapes.

Prosecutors: Ex-US Soldier Accused of Rape-Murder Should Get Civilian Trial
Posted by Joshua Pantesco, Jurist Legal News and Research on March 24, 2008 at 1:04 PM.

Former U.S. Army Pfc. Steven D. Greenshould be prosecuted in civilian court under the Military Extraterritorial Jurisdiction Act, and not under the military system of justice as urged by the defense, federal prosecutors argued in a motion filed late Friday night.

Green faces capital charges for his role in the rape and murder of a 14-year-old Iraqi girl and the murder of her family in Mahmudiya. His civilian trial is currently scheduled for April 13, 2009. Green's lawyers have argued that he should have been tried under the military system because the alleged acts occurred while Green was enlisted; Green told his commanding officer about the incident twice while still enlisted.

Green was honorably discharged due to a psychiatric disorder diagnosis after the Army knew of the Mahmudiya incident. The Army did not follow proper procedures in discharging Green, and thus Green's discharge was not valid -- and the Army rejected Green's offer to re-enlist in the Army and face a court-martial for murder and rape charges. Green's lawyers argued that the circumstances amount to a violation of Green's due process rights. In their motion, federal prosecutors countered Green's factual assertion that Green was not discharged in accordance with standard military procedure, and further argued that the evidence supports a death penalty charge.

Four soldiers from the 101st Airborne Division have already been convicted in military court for crimes stemming from the Mahmudiya incident. Spc. James P. Barker and Sgt. Paul E. Cortez received prison sentences of 90 and 100 years respectively after they pleaded guilty to participating in the attack.

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