Defense: USS Cole Bomber Should Not Face Death

MarineLink.com
Monday, February 24, 2014
Photograph by Sgt. Don L. Maes, USMC

By Medina Roshan, Reuters

Defense lawyers for the Saudi man charged with masterminding the 2000 USS Cole bombing that killed 17 American sailors argued on Friday he should not face the death penalty because the murders were not premeditated.

The move was among several pre-trial motions heard in the murder case against Abd al-Rahim al Nashiri at Guantanamo Bay, Cuba, viewed by closed-circuit television at Fort Meade.

The charges Nashiri is faced with - among them murder, terrorism and conspiracy - carry the death penalty.

In arguing for dismissal of the death penalty in his case, lawyers for the 49-year-old Saudi national challenged the constitutionality of several facets of the military commissions, among other arguments.

Defense counsel Navy Commander Brian Mizer in one motion argued that when murder is not premeditated, the death penalty shouldn't apply.

"It is going to involve substantial involvement - not just rented an apartment, not just bought a boat," said Mizer, citing what prosecutors have said would likely amount to evidence against Nashiri.

"The Eighth Amendment simply does not allow an accused to be put to death," he said, referring to the prohibition against cruel and unusual punishment.

On the prosecution side, Army Major Evan Seamone argued that under international law, as well as domestic, the death penalty has been applied to serious war crimes.

"Death would be available for these particularly egregious offenses," Seamone said.

A closed session will take place on Saturday in Guantanamo to review classified material in the case, according to U.S. Army Colonel Judge James Pohl. The open sessions will continue on Monday.

Experts believe that because the Nashiri case comes before a military court and involves the death penalty, it will set many precedents.

"They're going to see more litigation trying to parse out what it means to have a special military war court try complex, high-stakes capital terrorism cases," said Wells Bennett, fellow in National Security Law at the Brookings Institution. Bennett is also managing editor of the Lawfare blog where he is observing and blogging about the Guantanamo military commissions.

(Editing by Barbara Goldberg and Ken Wills)

Maritime Reporter September 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Italy Ending Med Sea Rescues

Rights groups warn of risk of more deaths; EU mission Triton will have more limited scope. Italy said on Friday it would close a sea rescue mission that has saved the lives of more than 100,

St. Lawrence Seaway Workers Extend Strike Deadline

The union that represents workers on the St. Lawrence Seaway, the waterway that links the Great Lakes and the Atlantic Ocean, has extended a strike deadline to Monday at 5 p.

Total CEO: EU Must Fight US Crude Export Law

First major public appearance of new Total head; he challenges European politicians to fight US ban. The new head of French energy major Total challenged Europe to fight Washington over the U.

Navy

Italy Ending Med Sea Rescues

Rights groups warn of risk of more deaths; EU mission Triton will have more limited scope. Italy said on Friday it would close a sea rescue mission that has saved the lives of more than 100,

Libyan Government: Ports, Oil Fields Safe

Libyan oil ports and fields are safe and under government control, the country's interior minister said on Friday after visting the eastern Brega port. "This

Keel Laid, Fabrication Started on 2 Navy Warships

This week, General Dynamics Bath Iron Works celebrated two milestone events for the Arleigh Burke-class program. On October 30, Bath Iron Works held a keel laying

Maritime Safety

Italy Ending Med Sea Rescues

Rights groups warn of risk of more deaths; EU mission Triton will have more limited scope. Italy said on Friday it would close a sea rescue mission that has saved the lives of more than 100,

St. Lawrence Seaway Workers Extend Strike Deadline

The union that represents workers on the St. Lawrence Seaway, the waterway that links the Great Lakes and the Atlantic Ocean, has extended a strike deadline to Monday at 5 p.

New Functionality in WatchMate Vision

Vesper Marine has announced updates to its WatchMate Vision and XB-8000 product lines.   Now, in addition to transmitting and receiving position, course, speed

Eye on the Navy

Italy Ending Med Sea Rescues

Rights groups warn of risk of more deaths; EU mission Triton will have more limited scope. Italy said on Friday it would close a sea rescue mission that has saved the lives of more than 100,

Libyan Government: Ports, Oil Fields Safe

Libyan oil ports and fields are safe and under government control, the country's interior minister said on Friday after visting the eastern Brega port. "This

Somali Pirates free Indian Sailors after 4 Years

Somali pirates have freed seven Indian sailors detained for close to four years in exchange for an undisclosed ransom, Somali officials and a maritime monitoring group said on Friday.

People in the News

Equinox Class Scrubber Systems Receive Certification

Algoma Central Corporation (“Algoma”), the largest Canadian shipowner and operator of domestic Great Lakes vessels announces that it has received all requisite

MARAD Tests Alternative Power for Ships

The Maritime Administration (MARAD) is testing state-of-the-art, environmentally efficient technology onboard the Training Ship (TS) Kennedy.   The National Defense

Libyan Government: Ports, Oil Fields Safe

Libyan oil ports and fields are safe and under government control, the country's interior minister said on Friday after visting the eastern Brega port. "This

Government Update

Italy Ending Med Sea Rescues

Rights groups warn of risk of more deaths; EU mission Triton will have more limited scope. Italy said on Friday it would close a sea rescue mission that has saved the lives of more than 100,

MARAD Tests Alternative Power for Ships

The Maritime Administration (MARAD) is testing state-of-the-art, environmentally efficient technology onboard the Training Ship (TS) Kennedy.   The National Defense

St. Lawrence Seaway Workers Extend Strike Deadline

The union that represents workers on the St. Lawrence Seaway, the waterway that links the Great Lakes and the Atlantic Ocean, has extended a strike deadline to Monday at 5 p.

 
 
Maritime Careers / Shipboard Positions Maritime Standards Navigation Pipelines Pod Propulsion Port Authority Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1967 sec (5 req/sec)