"When the government seeks the death penalty, it must not reduce legal procedures to mere formalities. The integrity of the system must be upheld, regardless of the nature of the crimes charged or identity of the accused," they said in the documents. "The accused are entitled to due process and a fair trial"
U.S. military lawyers want September 11 charges dropped
Fri May 16, 2008 7:04pm EDT
By Jane Sutton
MIAMI (Reuters) - Charges against five Guantanamo prisoners accused of plotting the September 11 attacks should be thrown out because they were improperly influenced by a Pentagon legal adviser, U.S. military lawyers said in documents filed on Friday.
Also on Friday, a U.S. military judge postponed the Guantanamo trial of Osama bin Laden's driver, Salim Hamdan, until July 21, to allow time to assess his mental competency.
...the military defense lawyers said the charges were tainted by meddling and "overreaching" on the part of Air Force Brig. Gen. Thomas Hartmann.
Hartmann was assigned to provide impartial legal advice to the Pentagon appointee overseeing the Guantanamo trials.
...the former chief prosecutor of the tribunals testified last month that Hartmann essentially took over the prosecution team, pushing it to use evidence obtained through coercion and demanding "sexy" cases that would pique the interest of the American public.
Military defense lawyers asked the tribunals' chief judge, Marine Col. Ralph Kohlmann, to dismiss the charges on grounds that Hartmann was so heavily involved in drafting them that he "failed to retain the required independence."
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