Preparing for 9/11 trials inside Guantanamo | 60 Minutes Archive
In a Nutshell
The 60 Minutes segment exposes how the Guantanamo Bay military commissions for the 9/11 defendants are compromised by classified evidence of CIA torture, ongoing government surveillance of defense teams, and procedural loopholes that allow coerced statements to be admitted through "clean team" interrogations. Despite Khalid Sheikh Mohammed's admission to masterminding the attacks, the proceedings face fundamental legitimacy challenges because defense attorneys cannot access or challenge evidence of their clients' treatment at CIA black sites, and the CIA has interfered with court proceedings by activating security lights and potentially monitoring attorney-client communications. The core tension is that the U.S. seeks to prosecute war crimes through a system where the government's own classified actions—including 183 waterboardings of KSM—remain shielded from scrutiny, undermining claims of fair trials.
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Brigadier General Mark Martins serves as chief prosecutor in the military commission trying five Al-Qaeda defendants charged with plotting the September 11 attacks. The proceedings have been labeled Al-Qaeda's Nuremberg, with the prosecution seeking the death penalty.
Pre-trial proceedings began after Congress passed legislation prohibiting the defendants from entering US soil, requiring all participants to travel to Guantanamo Bay, Cuba. Every six weeks for the past year and a half, approximately 250 people including prosecutors, defense lawyers, bailiffs, and interpreters have been airlifted via government charter at a cost of $90,000 per flight.
General Martins explains the military tribunal structure, noting that the similarities to civilian proceedings outweigh the differences. The accused remains presumed innocent, and the prosecution must prove guilt beyond reasonable doubt.
Martins emphasizes the stakes: the 9/11 defendants must receive a fair and legitimate hearing. He states that justice cannot be accused of being vengeance, describing this as a significant challenge.
Defense attorneys have characterized the proceedings as a show trial and charade. Martins counters that the test of any system is not determined by defense counsel statements.
The venue's reputation presents ongoing challenges. Guantanamo Bay houses 164 detainees, most held for nearly 12 years without charges, except for the five 9/11 defendants. One detainee addressed the camera directly, stating: "Please, we are tired. Even you leave us to die in peace. Or either tell the world the truth. Let the world hear what's happening."
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