FBI rebuilding detainee cases to avoid controversial evidence: LA Times Devin Montgomery at 9:57 AM ET
[JURIST] A special FBI task force is reworking cases against Khalid Shaikh Mohammed [BBC profile] and the other so-called "high-value" Guantanamo Bay detainees [profiles, PDF] over concerns that information and confessions previously obtained by the CIA may be inadmissible in court, the Los Angeles Times reported Sunday. According to a source for the Times, the task force was formed as long as two years ago to re-investigate the cases in case the Guantanamo Bay military commission system is ruled unconstitutional and the suspected terrorists must be tried in federal court. Officials feared that even if the previously obtained evidence was allowed, the CIA's interrogation techniques [JURIST news archive] would damage the credibility of the evidence, or shift the focus of the trail towards the agency instead of the suspects. As a result of the new investigations, federal law officials now believe they have gathered enough admissible evidence against the suspects, telling the Times "We've redone everything, and everything is fine."
Mohammed and the "high value" detainees [DOD materials; JURIST news archive] have been determined to be "enemy combatants" by Guantanamo Combatant Status Review Tribunals, but none have yet been charged under the 2006 Military Commissions Act [PDF text]. Congress enacted the Military Commissions Act after the US Supreme Court's rejected presidentially-established military commissions as unconstitutional. The Los Angeles Times has more.
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