Nearly two decades after his capture in Pakistan, the self-described mastermind of the Sept. 11 terror attacks is still in a legal limbo.
If convicted at trial, Mohammed could face the death penalty.
Mohammed and his co-defendants were initially held in secret prisons abroad. Hungry for information that might lead to the capture of other al-Qaida figures, CIA operatives subjected them to enhanced interrogation techniques that were tantamount to torture, human rights groups say. Mohammed was waterboarded — made to feel that he was drowning — 183 times.
Kelley said talk of military tribunals two decades ago surprised many in the legal community who had been successfully prosecuting terrorism cases in the decade before. The concept of a tribunal, he said, “came out of the blue. Nobody knew it was coming.” Eddie Bracken's sister Lucy Fishman was killed at the trade center. The New Yorker opposed Obama's proposal to move the trial to federal court — Mohammed is charged with “a military act,” and should be tried by the military, he reasoned. And while he is somewhat frustrated by the delays, he understands them.
Investigators with the military commission at Guantanamo Bay said he plotted the 9/11 attacks for three years. They cited a computer hard drive seized at his arrest which they said contained photographs of the 19 hijackers, three letters from bin Laden and information about some hijackers.
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