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Monday, June 30, 2008

Guantanamo Detainee Charged for Role in USS Cole Attack

Air Force Brig. Gen. Thomas Hartman, legal advisor to the convening authority for the Office of Military Commissions, announces at a June 30, 2008, Pentagon press conference, that charges have been sworn against 'Abd al-Rahim al-Nashiri, a Saudi national of Yemeni descent. It is alleged that Al-Nashiri, an al-Qa'ida operative, participated in the planning and preparation for the attack on the guided missile destroyer USS Cole on Oct. 12, 2000, that killed 17 U.S. sailors and wounded 47. Defense Dept. photo by R. D. Ward


By Donna Miles
American Forces Press Service


WASHINGTON, June 30, 2008 – A Saudi Arabian national being held at Guantanamo Bay, Cuba, has been charged with planning and preparing for the attack on the USS Cole that killed 17 U.S. sailors and wounded 47 others, the Defense Department announced today.

Abd al-Rahim al-Nashiri was charged today in connection with the Oct. 12, 2000, attack on the vessel as it awaited refueling in the Port of Aden in Yemen, Air Force Brig. Gen. Thomas Hartmann, legal advisor to the convening authority in the Office of Military Commissions, told Pentagon reporters today.

The chief prosecutor has recommended that the case be tried as a death-penalty case.

Susan J. Crawford, the convening authority, will review the case and determine which, if any, of the charges should be referred for trial by a military commission, Hartmann said. If she refers the case for trial, Crawford must also decide if she will refer it as a capital case.

The Nashiri swearing brings to 20 the number of detainees at Guantanamo Bay involved in the military commissions process, Hartmann said.

He noted that the military commissions process provides the accused several protections, including representation by a military counsel and a civilian counsel of his own choosing at no expense to the government. The protections, guaranteed by the Military Commissions Act, ensure that Nashiri “receives a fair trial consistent with American standards of justice,” Hartmann said.

Nashiri was charged today with conspiracy to violate the law of war, murder in violation of the law of war, treachery or perfidy, terrorism, destruction of property in violation of the law of war, intentionally causing serious bodily injury, providing material support to terrorism and attempted murder.

Charges brought against Nashiri today claim he rented apartments and facilities near the Port of Aden to prepare for an attack, bought the boat and explosives used in the attack and arranged for two co-conspirators to launch the attack.

During the attack, two men dressed as civilians are alleged to have piloted what looked like a small, civilian garbage barge up to the ship. The two men allegedly made friendly gestures to crewmembers aboard the ship before detonating explosives hidden in their boat that blasted a 40-foot hole in the side of Cole.

Nashiri also was charged with participating in the unsuccessful attack on the USS The Sullivans as it refueled in the Port of Aden on Jan. 3, 2000, and for helping attack the French supertanker SS Limburg in the Gulf of Aden on Oct. 6, 2002. That attack left one crewmember dead and spilled about 90,000 gallons of oil into the gulf.

Nashiri was arrested in October 2002 in the United Arab Emirates and was under CIA custody before being transferred to Guantanamo Bay in 2006.

Hartmann said the charges issued today result from an extensive investigation that brought together the intelligence and law enforcement communities. “We’d rather do it right. We’d rather do it thoroughly. We’d rather do it fairly than quickly,” he said.

If the Nashiri case goes to trial, Hartmann said the defense counsel will have the opportunity to argue points before the military judge, including allegations that Nashiri was subjected to the “waterboarding” interrogation technique by the CIA. “The judge, just as in any matter of law, will make a final decision as to the validity of any piece of evidence,” he said.

Pentagon spokesman Bryan Whitman emphasized the Defense Department’s commitment to “ensuring that both the process and the military commissions proceedings themselves are as transparent as possible, within the bounds of security and safety.”

The United States has used military commissions for war crime trials since the Revolutionary War, he noted.


Related Sites:
Transcript: USS Cole Briefing
Defense Department News Release
Military Commissions

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MOO-VING CLOSER - U.S. Army Spc. Joseph Santalucia takes time to spread a little joy, not only to the people of the Taji Qada, northwest of Baghdad, with whom he works to help on a daily basis, but also to one lucky cow, June 21, 2008. Santalucia is an infantryman with the 25th Infantry Division's Company B, 1st Battalion, 27th Infantry Regiment, Multinational Division Baghdad. U.S. Army photo by Sgt. Brad Willeford

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In Today's News - Monday, June 30, 2008

Quote of the Day
"United we stand, divided we fall."
-- Aesop

News of Note
Operation Iraqi Freedom
Ex-Abu Ghraib Detainees Suing U.S. Contractors
Iraq throws open door to foreign oil firms - Video
Tons of Supplies, Thousands of Desert Miles
U.S. Ambassador Cites Positive Changes in Iraq

Operation Enduring Freedom
US, NATO deaths in Afghanistan pass Iraq toll
DoD Report Describes 'Fragile' Progress

Supporting Our Heroes
‘Hire A Hero’ Launches Troop Thanks Campaign

Other Military News
16 Accidentally Wounded by French Military in Shooting Demo (You know...naaah,too easy)
Bush signs $162 billion war spending bill
New Policy Aims to Help Prevent Loss of Leave

Worldwide Wackos
Official: Iran's Ahmadinejad Target of 'X-Ray Plot'

Politics / Government
ELECTION HQ: McCain: Clark's Remark 'Unnecessary'
Obama, Bill Clinton Hold 20-Minute Phone Chat
Defense spending under Obama
The long road to political equality
Factbox: Black senators, governors
Full Coverage: Election 2008
Obama fights back against questions on patriotism
PIMCO to Obama: Tough economy awaits next president
Black Americans on long road to political equality
Bush eases equipment export ban for China Olympics
U.S. cuts trade benefits for India, Brazil, others
Video: McCain's military experience?
Obama disowns critique of McCain's military record
Gov. Schwarzenegger Signs Legislation to Expedite Funding for Transportation
God Oil Marxism Conservative Commentary
Consultants Warn GOP: Don't Run As Republicans
NEW POLITICS, PART TWO?
NEW DNC VIDEO: McCain's Social Security Contortions Continue in Pennsylvania
Statement by the White House Press Secretary

Illegal Immigration / Border Control
Zero Tolerance (Bravo, Arizona!)

In the Courts / Crime and Punishment / Law and Order
Missing Girl's Uncle Named 'Person of Interest' in Her Disappearance - VIDEO - PHOTOS
N.C. Student Leader Killed by Shotgun Blast - PHOTOS
Officials: Pregnant Army Servicewoman's Death a Homicide
Police Hunt Man Who Allegedly Killed Wife, Two Grandchildren With Ax
Police: Man Tortured Girlfriend for 3 Hours Over Infidelity Allegations
Fire at Madonna's childhood home called suspicious

Adventures in Political Correctness
Credit for Cursing

U.N. News
Alabama executions "highly problematic": U.N. envoy
Head of UN Security Probe Stresses Need for Vigilance Amid Increasing Threats

Media in the Media / Bloggers in the News / Watching the Web
Auction Ends for Australian Man's Life, Disappointed With Final Price
Yahoo questions how serious Microsoft was on deals

Science / Medicine and Health / Technology
Airlines Say Girl, 5, 'Too Sick' to Fly for Cure - PHOTOS
Discovery Revives 'Whistle of Death' Theory - PHOTOS
Accidental fungus leads to promising cancer drug
Big haul of Crohn's genes shows disease complexity
Booming China splashes out on science
Microsoft reportedly to cut price of Xbox 360 to $299
Service lets drivers lock in gasoline prices
Samsung SDI to invest $529 million to up OLED output
Video: Tongue device to aid disabled
Toyota to build Camry hybrids in China in 2010: report
Workplace weight programs produce modest losses
High helium prices limit gas balloons as sport
Surprising fact: Half of gun deaths are suicides
3-D mammograms, cameras may improve breast exams

Mother Nature
Florida Man Rescues Drowning Bear - VIDEO
Wildfires force firefighters to pick their battles
Safety Tips for The Fourth of July: World Wide Pet Industry

Oddities
Drunken Swede tries to row home from Denmark
Police suspect giraffe in circus breakout
Pair caught skinny dipping in Portland reservoir

Other News of Note
'Disturbing Trend' - VIDEO - PHOTOS (Medical aircraft collisions)
FOXBusiness: Gas Prices Hit All-Time High
FOXBusiness: Oil Prices Surge Past $143 a Barrel

Fox News
Jankovic Out in Fourth Round at Wimbledon - PHOTOS
Suicide Model Said to Be Confused About Life, Lonely
Swim Veteran Says Sport Awash in Doping as Olympic Records Fall

Reuters
Ford had talks with Renault
GM, Ford shares decline
Automakers need cash to buy time
Grim mood in Detroit
Nightmare for banks?
Paulson to reveal more on Fed role
Fallout to curb homeowner spending
Housing bill stalled through holiday
Full Coverage: Housing Market
Full Coverage: Credit Crisis
In it for the long haul
Mugabe pressured to negotiate
Crisis deepens but talks are closer
Bloggers bemoan "stolen" election
Sacrificing hot dogs and beer at the game
Factbox: Fan spending slipping
High gas prices pinch NASCAR fans
Dow ends flat but suffers worst 1st half since '70
Reports show U.S. growth weak if not in recession
Iraq throws open door to foreign oil firms - Video
Curacao refinery sputters on, despite emissions - Video
Merrill shares cheap?
Small Business:Building brand buzz when you're small
Chrysler to shut minivan plant as sales slump
Florida sues Countrywide over mortgages
U.S. seeks court order for UBS Swiss bank records
Mortgage ruling could shock U.S. banking industry
Ford had talks with Renault to sell Volvo: sources
Global profit warnings could be next shoe to drop
SABMiller CEO declines comment on Modelo
France Telecom withdraws TeliaSonera offer
FOREX-Dollar rises vs euro as second quarter concludes
UPDATE 6-Gold ends slightly lower as oil gains fizzle
Rebel Anglican meeting lamentable: U.S. church leader
Leaders to consider Zimbabwe crisis at AU summit - Video
Peru's Fujimori innocent, says convicted spy chief
Malaysia's Anwar leaves Turkish embassy - Video
Double life term for Pinochet secret police chief
Ledger frightening in final role in "Dark Knight"
Jay-Z wins over doubters at Glastonbury - Video
Hollywood actors, studios head for labor limbo
Major labels benefit from non-music sales: report
Pavarotti's widow and daughters reach inheritance deal
Video: Living under a refinery in Curacao
Grumpy Jelena Jankovic joins exodus
Woods unable to say when he will play again
Avalanche re-sign Adam Foote and John-Michael Liles
CAS upholds Landis's two-year doping ban
Todd's equestrian wizardry riding on Gandalf

Associated Press
Pamela Anderson auctions car for PETA cause
Recovering Woods says knee was sore 10-12 years
Dr. Drew: Addicted celebs need more time in rehab
Britney house-hunting for bigger backyard, quiet
Cyclist Floyd Landis loses doping ban appeal
Williams sisters both win on `Graveyard'
Publicist: Thurman engaged to financier Busson
No public criticism for Mugabe at African summit
Stocks end difficult first half with quiet session

News Blaze
PHOTO: MND-B CG, Leaders Meet With Isf Leaders
JSS SUJ Water Distribution Site Opens for Delivery
Soldiers' Angels and Patriot Guard
Iraq News
Operations in Iraq
FOB Warhorse Memorial Photos
Videos

CENTCOM
Attacks in Iraq down 80 percent from last year
Iraqi soldiers seize weapons in Sadr City
Troops offer medical care to Iraqis
Joint UK-Iraqi operation meeting security goals
Corpsmen teach medical skills to Iraqis

USJFCOM
USJFCOM commander stresses the need to improvise
Read Day 1's liveblog - Read Day 2's liveblog - Read Day 3's liveblog
ACC commander addresses dominance, relevance and readiness at Joint Warfighting Conference
Metz says IEDs being used strategically against U.S. forces
U.S. Southern Command commander stresses importance of ideas
USJFCOM deputy commander kicks off 2008 Joint Warfighting Conference

Multi-National Force - Iraq
IA, U.S. Soldiers Work Together to Search for Weapons
New Children’s Playground Opens in Saydiyah
12/3 Brigade graduates from Unit Set Fielding
MND-B Soldiers seize caches throughout Baghdad
MND-B Soldiers, NPs discover weapons caches (Baghdad)
NPs seize cache in New Baghdad
New Besmaya obstacle course opens
Widespread operations strike al-Qaeda networks (Baghdad)

DefenseLink
TOP NEWS
Bush Signs War Funding Bill
Six Units to Get Iraq Call-up in 2009

IRAQ NEWS

Vigilance Remains Watchword in Anbar As Transition Begins, Colonel Says - Video
U.S. Infantry Bonds With Iraqi Police
Coalition Forces Kill Six Enemy Fighters

AFGHANISTAN NEWS

Program Trains Auxiliary Police Officers

MILITARY NEWS

Guard Bureau Chief Praises Flood, Fire Response
Soldier Missing from Korean War Identified

REFLECTIONS

Wiesbaden Celebrates Berlin Airlift Anniversary

FACE OF DEFENSE

Medic Rooted in Patriotism

Weather
Afghanistan
Bost/Laskar Ghurian Herat Kabul Qandahar

Germany
Ansbach Aschaffenburg Berlin Berlin-Tempelhof Berlin/Schonefeld Bremerhaven
Darmstadt Frankfurt Frankfurt/Main Freiburg/Breisgau Garmisch
Garmisch-Partenkirchen Geilenkirchen Gelnhausen Giessen Kitzingen
Hanau Am Main Heidelberg Mainz Mannheim Nurnberg Stuttgart Trier
Wiesbaden Wurzburg

Gitmo

Guam
Agana Agana Heights Agat Andersen AFB Asan Barrigada

Iraq
Al Azamiyah Al Basrah Al Hillah Al Karkh Al Kazimiyah Al Kut
An Nasiriyah Baghdad Baqubah Mosul Najaf Nineveh Tall Kayf

Japan
Kadena Air Base Okinawa Tokyo Yokohama

Today in History
1619
- The Virginia House of Burgesses, the first U.S. elective governing body, is formed. 1729 - The City of Baltimore is founded.
1733 - In Boston, the Society of Freemasons opens its first American lodge.
1792 - France's national anthem - the "Marseillaise" - is first sung.
1839 - Rebel slaves take over the Amistad.
1863 - President Abraham Lincoln issues an "eye-for-eye" order - for every Black prisoner shot by Confederates, a Rebel prisoner will be shot.
1864 - Battle of the Crater (Petersburg campaign).
1870 - The Staten Island ferry "Westfield" burns, killing 100.
1908 - The Around the World Autombile Race ends in Paris.
1909 - The U.S. Army accepts delivery of the first military airplane.
1913 - The 2nd Balkan War ends.
1916 - German saboteurs blow up a munitions plant in New Jersey.
1942 - FDR signs the bill creating the Womens' Navy Auxiliary agency (WAVES); the German SS kills 25,000 Jews in Minsk.
1946 - At White Sands, NM, the first rocket attains an altitude of 100 mi (167 km) altitude
1956 - The U.S. motto "In God We Trust" is authorized.
1965 - LBJ signs the Medicare bill; it goes into effect the following year.
1971 - A Japanese Boeing 727 collides with an F-86 fighter, killing 162; the U.S. Apollo 15 lands on the Moon.
1974 - The U.S. House of Representatives recommends three articles of impeachment for President Richard M. Nixon.
1975 - Teamsters President Jimmy Hoffa disappears in suburban Detroit.
1983 - In California, the official speed record for a piston-driven aircraft is set at 832 kph.
1984 - The Alvenus tanker spills 2.8 million gallons of oil in Louisiana.
1988 - Ronald J. Dossenbach begins his world record ride, pedaling across Canada
from Vancouver to Halifax.

Birthdays
1863 - Henry Ford, auto maker
1880 - Robert Rutherford McCormick, editor/publisher of the Chicago Tribune
1939 - Eleanor Smeal (National Organization for Women)
1940 - Patricia Schroeder (Rep-CO)

Passings
1914 - Jean Léon Jaurès, leading socialist, assassinated in Paris

Reported Missing in Action
1967
Biscailuz, Robert Lynn, USMC (CA); CH46A shot down, remains returned June, 1993

Byars, Earnest Ray, USMC (TX); CH46A shot down,remains returned June, 1993
Frederick, David A., USMC (OH); CH46A shot down,remains returned June, 1993

Waterman, Craig H., USMC (MA); CH46A shot down,remains returned June, 1993

1968
Beyer, Thomas J., USAF (ND); O2A disappeared while on reconnaissance mission

1970
Brown, Donald A., USAF (AZ); RF4C disappeared (navigator) while on mission over Laos

Chavez, Gary A., USAF (NY); RF4C disappeared (pilot) while on mission over Laos

1972
Breckner, William J., Jr., USAF (OH); F4D shot down over Hanoi, released by DRV March, 1973 - retired as a Major General - alive as of 1998

Price, Larry D., USAF (FL); F4D shot down, released by DRV March, 1973

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