Defense lawyer Scott Fenstermaker in an interview with The Populist describes how he was blocked by the government from representing 9/11 detainees and how the judges and lawyers in the New York trial may themselves be prosecuted in a future war crimes tribunal.

Scott Fenstermaker, the 9/11 Lawyer, Speaks Out The Populist, November 30th, 2009

Scott Fenstermaker has become the lightning rod for 9/11. He is the only defense lawyer mentioned in the upcoming trials of Khalid Sheikh Mohammed and his four co-conspirators. Although he won’t be defending them in court, he’s been pilloried by the press for daring to suggest that these detainees have any legal rights.

I called him this weekend, and asked him why.

Scott Fenstermaker has represented Ali Abd al-Aziz Ali in various legal proceedings at Guantanamo Bay. Mr. Ali stands accused of conspiracy, murder, destruction of property, hijacking, and terrorism for his part in the September 11th attacks. I could not understand why Mr. Fenstermaker would not defend his client in court, so I began the interview by asking him to clarify this:

US Attorney General Eric Holder recently announced that five detainees would be moved from Guantanamo Bay to New York, where they would stand trial for carrying out the 9/11 attacks. However, five other detainees will continue to be tried before military commissions, which have lower standards of evidence. The five detainees coming to New York have previously indicated they intend to plead guilty, although the five to be tried before military commissions have not.

The New York five are:

Khalid Sheikh Mohammed;

Ramzi bin al-Shibh;

Ali Abdul Aziz Ali;

Mustafa al-Hawsawi; and

Khallad bin Attash.

Source: http://uk.reuters.com/article/topNews/idUKNASU6040120080605

9/11 families excluded from Guantanamo hearing

Thu Jun 5, 2008 4:03am BST

By Jane Sutton

GUANTANAMO BAY U.S. NAVAL BASE, Cuba (Reuters) - As the Guantanamo war crimes court prepared to arraign five prisoners on death penalty charges of orchestrating the September 11 attacks, a Pentagon official apologized on Wednesday for excluding victims' families from the hearing.

The U.S. military quietly invited one woman whose brother was an American Airlines pilot killed in the plane that crashed into the Pentagon in the 2001 attacks.

But the invitation to attend Thursday's arraignment at the Guantanamo Bay naval base in Cuba was rescinded when the New York Daily News revealed that lone invitee Debra Burlingame was an ardent defender of President George W. Bush who spoke in support of his administration at the Republican Party convention during his 2004 re-election campaign.

Relatives of other victims complained that the Guantanamo trials were being politicized and the Pentagon's legal adviser, Brig. Gen. Thomas Hartmann, acknowledged the matter was mishandled.