Military Judge Adds First Navy Officer to USS Cole Bombing Jury
A submarine officer joins the panel despite expressing moral concerns regarding Guantanamo Bay commissions.
1Jury Selection Milestone
Colonel Matthew Fitzgerald has appointed the first U.S. Navy officer to the jury panel for the USS Cole bombing trial. This case involves Abd al-Rahim al-Nashiri, a Saudi prisoner accused of orchestrating the 2000 attack. The incident resulted in the deaths of 17 American sailors while the warship was refueling in Yemen.
2Controversial Juror Acceptance
The selected Navy lieutenant previously labeled the Guantanamo military commissions as corrupt and morally bankrupt. Despite these strong personal views, Judge Fitzgerald determined the officer could set aside his opinions. The judge emphasized that the juror must evaluate only the evidence presented and strictly follow all instructions provided during the legal proceedings.
3Research and Moral Stance
The lieutenant conducted three weeks of independent research into military commissions after receiving a questionnaire in January. He expressed concerns regarding the constitutionality of torture and the legitimacy of the court. Prosecutors argued his moral opposition to the death penalty would hinder his service, but the judge noted his neutral stance.
4Disqualification of Navy Pilot
Earlier on Monday, Judge Fitzgerald disqualified a Navy pilot due to specialized training concerns. The officer had trained on scenarios involving small boat threats in the Strait of Hormuz, modeled after the USS Cole attack. His access to specific tactical information created a potential conflict that necessitated his removal from the jury pool.
5Defendant's Legal History
Al-Nashiri has remained in U.S. custody since 2002, following his capture in the post-9/11 war on terror. During his initial four years, he was subjected to CIA torture, including waterboarding and physical beatings. A previous judge suppressed his early confessions, ruling that they were tainted by the severe treatment he had endured.
6Current Panel Composition
Jury selection is currently in its second week, aiming for a final panel of 12 jurors and six alternates. With the latest addition, the judge has approved four officers, including two from the Air Force and one from the Army. The court continues to screen candidates for this high-stakes death penalty case.
7Judicial Directives Issued
Judge Fitzgerald issued a strict warning to the new juror against conducting any further independent research regarding military commissions. The officer was also instructed to refrain from discussing the case with anyone outside the court. These measures aim to ensure the integrity of the trial remains protected from external influence or bias.
8Context of Military Commissions
The military commissions were established specifically to try foreign detainees captured during the war against terrorism. The process has faced ongoing scrutiny regarding its legal framework and adherence to constitutional standards. The inclusion of a skeptical juror highlights the complex challenges inherent in balancing military justice with public and internal perceptions.
Original article: Just Security — Military Judge Adds First Navy Officer to USS Cole Bombing Jury