ETA: Hat tip to commentor NotMax for this link. Carol Rosenberg, at the Miami Herald, still slogging away on the Gitmo beat:
GUANTANAMO BAY NAVY BASE, Cuba — The military judge in the USS Cole bombing case has ordered the CIA to give defense lawyers details — names, dates and places — of its secret overseas detention and interrogation of the man accused of planning the bombing, two people who have read the still-secret order said Thursday.
Army Col. James L. Pohl issued the five-page order Monday. It was sealed as document 120C on the war court website Thursday morning and, according to those who have read it, orders the agency to provide a chronology of the overseas odyssey of Abd al Rahim al Nashiri, 49, from his capture in Dubai in 2002 to his arrival at Guantánamo four years later.
The order sets the stage for a showdown between the CIA and a military judge, if the agency refuses to turn over the information to the prosecution for the defense teams. The order comes while the CIA fights a bitter, public battle with the Senate on its black site torture investigation.
The judge’s order instructs prosecutors to provide nine categories of closely guarded classified CIA information to the lawyers — including the names of agents, interrogators and medical personnel who worked at the so-called black sites. The order covers “locations, personnel and communications,” interrogation notes and cables between the black sites and headquarters that sought and approved so-called enhanced interrogation techniques, the two sources said.
It does not, however, order the government to turn over Office of Legal Counsel memos that both blessed and defined the so-called Torture Program that sent CIA captives to secret interrogations across the world after the Sept. 11, 2001 attacks — out of reach of International Committee of the Red Cross delegates…
Two men sailed a bomb-laden skiff alongside the Cole on Oct. 12, 2000, and blew themselves up, crippling the warship and killing 17 U.S. sailors.
The development comes two weeks after the Senate voted to declassify a portion of an investigation of the so-called CIA torture program that could contain some of the answers sought by lawyers for Nashiri before his death-penalty trial. But the judge’s order appears to go further to a level of detail not provided in the executive summary, findings and recommendations that might be made public, if President Barack Obama agrees…
Defense lawyers want to independently reconstruct what happened to Nashiri in secret confinement to challenge the integrity of certain evidence and to argue that his mistreatment disqualifies a death penalty sentence.
The CIA waterboarded him, and an internal abuse investigation showed its agents interrogated Nashiri while he was nude and that they threatened him with a revving power drill, handgun and threats to sexually assault his mother.
Chief prosecutor Martins, has already noted that the Obama administration revamped the tribunal to prohibit use of involuntary interrogations at trial. In the transcript, Lockhart says all mistreatment of Nashiri is now in the public domain.
Navy Cmdr. Brian Mizer, one of Nashiri‘s lawyers, told the Miami Herald recently that an investigation of the treatment should determine whether any of Nashiri’s answers to questions at Guantánamo were truly voluntary: “You have to get back to the past to determine whether this is just a dog barking on command.”
A military medical board has diagnosed Nashiri, 49, a self-described former millionnaire merchant from Mecca, as having post-traumatic stress disorder and a major depressive disorder.
His lawyers want to interview officials who worked at the black sites, comb through manifests and read approved Standard Operating Procedures on so-called enhanced interrogation techniques that spelled out how to waterboard Nashiri in secret custody. And they asked for a list and timeline of the countries that hosted the CIA prisons on condition of anonymity.
Much more at the link. If I am reading this correctly, the government has Nashiri under lock and key, and the chances of him ever changing that status are vanishingly small, but it’s not enough for AMERICA FCK YEAH unless “we” get to kill him for his crimes. But the death penalty standards are still, praise the Constitution, a little higher than the “trust us, he’s the bad man you want for this” perma-war permanent detention rules. Can they change the charges at this point, settle for life in custody, and preserve the black site data in secrecy until the next case?