The Elephant in the Courtroom

No matter how hard the Military Commissions try they can’t escape the elephant in the courtroom. The five defendants in the 9/11 case were tortured by the CIA and the government is tying itself in knots trying to work around this fact.

In his press conference on the eve of the arraignment the Chief Prosecutor, General Mark Martens, tried to address this issue:

“Some have said that any attempt to seek accountability within the Military Commissions system must inevitably be tainted by torture… we acknowledge your skepticism, but we also say that the law prohibits the use of any statement obtained as a result of torture or cruel, inhuman or degrading treatment, and we will implement the law.”

Of course the law also requires the state to investigate allegations of torture – yet in the case of the five defendants being arraigned this hasn’t happened. That might explain some of our skepticism.