Guantanamo Judge Halts 9/11 Proceedings over Pentagon Order

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A U.S. military judge suspended all pre-trial hearings in the case of the accused 9/11 plotters Wednesday after the Pentagon ordered all military judges to live permanently at the Guantanamo Bay base.

The ruling by Judge James Pohl was still under seal. But one of the defense attorneys in the case, James Connell, revealed its contents.

On December 9 last year, the overseer of the Guantanamo military courts, retired major general Vaughn Ary, asked Pentagon top brass that judges relocate to the U.S. base in Cuba "to accelerate the pace of litigation."

Deputy Defense Secretary Robert Work issued the rule change on January 7.

A month later, the five men accused of plotting to carry out the September 11, 2001 attacks -- including alleged mastermind Khalid Sheikh Mohammed -- filed a motion for their case to be dismissed, citing the government's "unlawful influence" over the proceedings.

The man accused of masterminding the attack on the USS Cole in 2000, Abd al-Rahim al-Nashiri, joined that motion.

All six men could face the death penalty if convicted.

On Wednesday, Pohl suspended proceedings in the 9/11 case until the rule change is rescinded by the Pentagon, according to Connell, who has seen the sealed ruling.

Pohl said the rule change issued by Work constituted "at least the appearance of an unlawful attempt to pressure the military judge to accelerate the pace of litigation and an improper attempt to usurp judicial discretion," according to the statement.

The government has five days to appeal.

"The military commissions have been plagued by intrusions by the FBI, CIA, and now senior DOD officials," said Connell -- who represents Ali Abd al-Aziz Ali, Mohammed's nephew who is also known as Ammar al-Baluchi.

"It would not surprise me if the administration seizes on this latest problem as an excuse to move the cases back to the civilian courts."

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