The lead prosecutor, Col. Walter H. Foster IV of the Military, requested the panel to concern a harsh sentence. He conceded that Mr. Khan obtained “extremely rough treatment” in C.I.A. custody however stated he was “still alive,” which was “a luxury” that the victims of Qaeda assaults didn’t have.
The jury foreman, a Navy captain, stated in courtroom that he took up the request and drafted it, and all however one officer on the sentencing jury signed it, utilizing their panel member numbers as a result of jurors are granted anonymity on the nationwide safety courtroom at Guantánamo. It was addressed to the convening authority of navy commissions. An Military colonel, Jeffrey D. Wooden of the Arkansas Nationwide Guard, at the moment fills that position as a civilian.
Ian C. Moss, a former Marine who’s a civilian lawyer on Mr. Khan’s protection staff, known as the letter “an extraordinary rebuke.”
“Part of what makes the clemency letter so powerful is that, given the jury members’ seniority, it stands to reason that their military careers have been impacted in direct and likely personal ways by the past two decades of war,” he stated.
At no level did the jurors counsel that any of Mr. Khan’s therapy was unlawful. Their letter famous that Mr. Khan, who by no means attained U.S. citizenship, was held as an “alien unprivileged enemy belligerent,” a standing that made him eligible for trial by navy fee and “not technically afforded the rights of U.S. citizens.”
However, the officers famous, Mr. Khan pleaded responsible, owned his actions and “expressed remorse for the impact of the victims and their families. Clemency is recommended.”
Sentencing was delayed for almost a decade after his responsible plea to provide Mr. Khan time and alternative to cooperate with federal and navy prosecutors, up to now behind the scenes, in federal and navy terrorism circumstances. Within the intervening years, prosecutors and protection attorneys clashed in courtroom filings over who would be called to testify about Mr. Khan’s abuse in C.I.A. custody, and the way.