KSM (who has confessed) and his codefendants had a preliminary hearing Thursday. The Washington Post notes that, far from a secret undertaking in a dark room, it was attended by two dozen members of the international press, some of whom blogged about the proceedings.
Aside from rejecting appointed counsel, KSM weighed in on same-sex marriage (he's opposed to it) and helped a court sketch artist do a more accurate – or at least, more flattering – drawing of his nose.
As the Post notes, KSM and his defendants sat at the same table and had the opportunity to confer. According to the attorney for one co-defendant, KSM used the opportunity to push the others to reject legal representation.
“It was clear Mr. Mohammed was trying to intimidate Mr. al-Hawsawi into not having us as counsel,” Jackson said after the hearing ended on Thursday evening. “He was shaking.”
al-Hawsawi, who is accused of financing the attacks, joined the other defendants in rejecting counsel. To ensure they have the opportunity to defend themselves, the court has promised to turn over evidence – including classified evidence – to individuals who stand accused of planning the 9/11 attacks. Other defendants are Walid bin Attash, accused of running an Al Qaeda training camp; accused sleeper cell coordinator Ramzi Binalshibh; and Ali Abdul Aziz.
It is unknown if classified evidence in an ongoing conflict has been turned over to accused war criminals before, or how the necessity of disclosing evidence will affect what cases prosecutors are able to present before the Combatant Status Review Tribunals.
