Secret Evidence Bogs Down Gitmo Hearings

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"The secrecy shrouding government files on terror suspects is bogging down the Pentagon's effort to hold trials at Guantanamo Bay, with defense attorneys accusing the government of withholding potential exculpatory evidence.

At pretrial hearings this week, attorneys for two al-Qaida suspects captured in Afghanistan said they need more access to interrogators, witnesses and records. Prosecutors objected, citing a need to protect the identities of U.S. service members and other security concerns.

The hearings did not resolve the disputes, which appear likely to further delay the launch of first U.S. war-crime tribunals since the World War II era. The first detainees were charged more than three years ago, but repeated legal challenges have kept any from going to trial.

"We're going to have to see how willing the judges are to interpret the rules so as to give defense counsel some kind of chance to actually defend their clients," said Navy Lt. Cmdr. William Kuebler, a defense attorney for detainee Omar Khadr. "That means litigating these discovery issues and that takes time."

Secret Evidence Bogs Down Gitmo Hearings
 
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