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Guantanamo: Judge Tosses Another 9/11 Confession

Guantanamo: Judge Tosses Another 9/11 Confession

A military judge threw out Mustafa al-Hawsawi's 2007 confessions in the 9/11 capital case over the lack of rights warnings after years in CIA custody.

--- The context --- On October 2, 2026, a U.S. military judge threw out the so-called "clean team" confessions of Mustafa al-Hawsawi, a Saudi citizen facing a capital case at Guantanamo Bay over accusations that he helped the September 11, 2001 hijackers with money and travel. The 51-page ruling by Col. Michael Schrama makes al-Hawsawi the third 9/11 defendant whose statements have been suppressed. The ruling does not dwell on whether there was torture. Its core is a concrete decision by the George W. Bush administration: when federal agents questioned al-Hawsawi across four days in January 2007, no one read him a Miranda-style warning of his rights. By then he had been in U.S. custody for nearly four years, most of it in CIA solitary confinement, where he was treated brutally. --- The facts --- FBI agents Abigail Perkins and James Fitzgerald questioned him at a Guantanamo lock-up called Echo II. He was brought to them blindfolded and shackled, with one ankle chained to the floor, and shown documents linking him to money transfers to some of the hijackers. The agents later testified at length that he answered voluntarily and understood he could ask to return to his cell at any time. Before that meeting, al-Hawsawi had passed through six secret CIA prisons, starting with Cobalt in Afghanistan. According to the ruling, he was once kept awake for 24 hours and then interrogated for 14 hours straight, nonstop, with techniques including water-dousing, walling, grabs and slaps to the face, cramped confinement and psychological pressure. One interrogator opined that the water-dousing had the same near-drowning effect as waterboarding. In November 2003 he was also subjected to a body search the judge called unduly rough, which left him bleeding. Prosecutors defended the 2007 interviews as conversational and voluntary, meeting the legal standard of attenuation: a change in time, a change in place, a change in questioner. The judge rejected that reading. He noted that the shackled man at Echo II was being questioned in the same compound of huts where the CIA had held him from November 2003 to April 2004, and that no one ever told him his earlier coerced statements could not be used against him. In those conditions, the judge found, there could be no talk of a free and unconstrained choice. --- The positions --- For the government, the position has been the same for years: those 2007 interviews were its best evidence for trying the 9/11 defendants, and the agents testified for years that the answers were voluntary, even boastful. Without them, prosecutors will have to rely on financial documents, transcripts of wiretapped conversations and other statements attributed to the defendants. For the defense, and for the ruling itself, the argument is that a clean confession cannot be demanded from someone conditioned for years to obey under coercion. According to the judge, a simple "blank slate" assertion by agents of the same government cannot sever the psychological tether of prior coercion. In that reading, the deliberate omission of the rights warning was not an oversight: it tainted everything that followed. --- What remains unknown --- It remains to be seen whether prosecutors will appeal this third suppression. They appealed the al-Baluchi ruling to the U.S. Court of Military Review, which has yet to decide; they chose not to appeal last month's suppression of Khalid Shaikh Mohammed's statements, to preserve a June 2028 trial date. And there is still no ruling on the fourth defendant, Walid bin Attash, accused of helping train some of the hijackers. --- Unanswered questions --- How many more years can a case that began with five defendants, one now ruled mentally unfit, keep going? What weight will financial documents and wiretaps carry if the agents' testimony is gone? Will the Pentagon revisit its policy on rights warnings for future interrogations of high-value detainees? And what will the appeals courts say about a doctrine that, in practice, demands formal warnings? --- EPM analysis --- This is the fourth time a military judge has rejected the Justice and Defense Departments' effort to obtain fresh, lawful confessions from former CIA captives, and the third to strike directly at the 9/11 case. The first sweeping decision came in the summer of 2023, when the interrogations of Abd al-Rahim al-Nashiri were thrown out; al-Nashiri is accused of a key role in the October 12, 2000 bombing of the USS Cole, which killed 17 sailors. Judge Lanny Acosta Jr. concluded that his ability not to incriminate himself had been beaten out of him years earlier, and the prosecution's appeal failed. The full sequence draws a pattern: the case began with five defendants and now has four, and almost nothing usable remains of the 2007 interrogations. That a military court, inside the system itself, imposes such limits on the government is proof that due process is not decoration: it is the condition for any conviction to survive scrutiny. In this file, late justice looks preferable to manufactured justice. 📌 EPM Take: In EPM's view, this ruling is not a victory for the defendants but for the idea that the state must play by its own rules. For years the government bet that changing the interrogator and the room was enough to erase coercion; three judges have now said otherwise. The cost is real: a historic trial over September 11, 2001 is weakened, and the victims' families wait even longer. But the alternative was worse: convictions built on tainted confessions that any serious court would eventually overturn. Due process is slow by design. If prosecutors want convictions that last, they will have to win them with clean evidence, not with shortcuts from 2007.
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