Bilal's case has been assigned to investigating Judge Dhia al-Kinani, who has already conducted a long series of evidentiary hearings in the case. The source said the Pentagon is confident that they will secure a conviction in the case. "Nothing is being left to chance in this case. It's important and a lot of resources are being thrown at it." The Pentagon isn't concerned about evidence or legal arguments. I wonder why. Some other points.
Under strong pressure from the U.S. military, the investigating judge closed the case and imposed a gag order. This was requested principally because the U.S. military was concerned about unfavorable media coverage. The Pentagon media strategy involves leaking information as it finds convenient to "friendly new media" (this I take to be wingnut bloggers), but restricting the flow of information to traditional media. The Iraqi judge is fully cooperating with his gag order.
The U.S. military has assigned a team of five to act effectively as prosecutors in the case. The team is headed by a JAG Captain named Kelvey (or perhaps Calvey). (Says the source: "We recognize, of course, that the U.S. has no authority to prosecute a case in an Iraqi court. That's one of the reasons that a gag order was essential.")
The Iraqi judge is also allowing the U.S. military to present evidence by witnesses through remote television hook-ups from undisclosed locations. This is done particularly to be sure that Bilal Hussein would not be able to cross-examine any witnesses.
The Pentagon was particularly concerned about the prospect of Bilal Hussein getting effective defense from his lawyer, former federal prosecutor Paul Gardephe. The judge was told to refuse to allow Bilal Hussein's U.S. lawyer to participate in the case. The judge accepted this advice. Consequently, the U.S. military has a five-man team to press its case, but Bilal Hussein's lawyer is silenced and not permitted to participate - and all of this has occurred as a result of U.S. Government intervention with the court. The irony of course is that under Iraqi law, the U.S. military has no authority or right to appear and prosecute, but Bilal Hussein's chosen counsel has an absolute right.
The U.S. military continues to keep Hussein in their custody and will not allow his lawyer, Gardephe, access to him to conduct interviews or trial preparation without having both a U.S. military representative and an interpreter in the room at all times. Under international norms, this means that Bilal Hussein is not permitted access to counsel: a serious violation of his trial rights. And note that the violator is not the Iraqi authorities, who have no control over Bilal, but the United States Government.
The Pentagon is convinced that regardless of the evidence presented and the arguments made, Bilal Hussein will be convicted based on its influence wielding and pressure tactics. "The judge announced on the opening day that he would recommend conviction and refer the matter to the Central Criminal Court of Iraq. This was before any evidence or arguments had been produced. Our folks were elated, but concerned that his somewhat rash statement would undermine the credibility of the proceedings. They had expected him to say this only at the end of the proceedings."
Under strong pressure from the U.S. military, the investigating judge closed the case and imposed a gag order. This was requested principally because the U.S. military was concerned about unfavorable media coverage. The Pentagon media strategy involves leaking information as it finds convenient to "friendly new media" (this I take to be wingnut bloggers), but restricting the flow of information to traditional media. The Iraqi judge is fully cooperating with his gag order.
The U.S. military has assigned a team of five to act effectively as prosecutors in the case. The team is headed by a JAG Captain named Kelvey (or perhaps Calvey). (Says the source: "We recognize, of course, that the U.S. has no authority to prosecute a case in an Iraqi court. That's one of the reasons that a gag order was essential.")
The Iraqi judge is also allowing the U.S. military to present evidence by witnesses through remote television hook-ups from undisclosed locations. This is done particularly to be sure that Bilal Hussein would not be able to cross-examine any witnesses.
The Pentagon was particularly concerned about the prospect of Bilal Hussein getting effective defense from his lawyer, former federal prosecutor Paul Gardephe. The judge was told to refuse to allow Bilal Hussein's U.S. lawyer to participate in the case. The judge accepted this advice. Consequently, the U.S. military has a five-man team to press its case, but Bilal Hussein's lawyer is silenced and not permitted to participate - and all of this has occurred as a result of U.S. Government intervention with the court. The irony of course is that under Iraqi law, the U.S. military has no authority or right to appear and prosecute, but Bilal Hussein's chosen counsel has an absolute right.
The U.S. military continues to keep Hussein in their custody and will not allow his lawyer, Gardephe, access to him to conduct interviews or trial preparation without having both a U.S. military representative and an interpreter in the room at all times. Under international norms, this means that Bilal Hussein is not permitted access to counsel: a serious violation of his trial rights. And note that the violator is not the Iraqi authorities, who have no control over Bilal, but the United States Government.
The Pentagon is convinced that regardless of the evidence presented and the arguments made, Bilal Hussein will be convicted based on its influence wielding and pressure tactics. "The judge announced on the opening day that he would recommend conviction and refer the matter to the Central Criminal Court of Iraq. This was before any evidence or arguments had been produced. Our folks were elated, but concerned that his somewhat rash statement would undermine the credibility of the proceedings. They had expected him to say this only at the end of the proceedings."
The above is from Scott Horton's "An Update on the Trial of Bilal Hussein" (Harper's magazine) and it's about Pulitzer Prize winning photo journalist Bilal Hussein who committed the 'crime' of reporting and for that 'crime' was taken into military custody in April 2006. The US military had no case against it and still has no case against him which is why they want a 'fair' and 'free' trial in Iraq which the US military occupies. Free Bilal will provide you with more information about how a reporting doing his or her job is a 'criminal' in a country where truth was among the illegal war's first fatalities.
Today Naomi Klein will be on PBS' The Charlie Rose Show. Klein's new book is The Shock Doctrine: The Rise Of Disaster Capitalism. Also today on PBS, NOW with David Brancaccio, the program "investigates the partnership of a Republican congressman and the Idaho Conservation League to protect a vast swath of the state's natural environment. Does their compromise legislation come at too high a price? The legislation, the Central Idaho Economic Development and Recreation Act (CIEDRA), transfers some public land -- land Americans across the country pay for -- to private local ownership in exchange for protection of nearby wilderness. It also leaves land bordering the wilderness open to further recreational use, especially involving off-road vehicles." Among those speaking out on the program against the sell-out of public lands is Carole King -- King of Goffin & King in the 60s (chronological sixties), writing the music to more charting hits than may be humanly possible, easing into a group at the tail end of that decade (The City), going solo in the seventies, releasing the landmark album Tapestry, etc., still writing, still performing and working on the issue of the ecology for many, many years. Check local listings for the times both programs will be aired.
Already in Iraq today, a Baghdad car bombing has resulted in a number of deaths. Reuters reports the toll has now climbed to 10 dead with the injured numbering sixty-six. But there's a Cult of Personality the media circus wants to play out so who has time to explore that?
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bilal hussein
scott harperpbs
Charlie Rose Show
now with david branccaciocarole king
