Houston Chronicle Sunday

CIA ‘black sites’ photos complicate Guantanamo trials

Discovery of 14,000 photos likely to delay hearings for 9/11 attack suspects

- By Adam Goldman

Military prosecutor­s earlier this year learned about a massive cache of CIA photograph­s of its former overseas “black sites” while reviewing material collected for the Senate investigat­ion of the agency’s interrogat­ion program, according to U.S. officials.

The existence of the ap- proximatel­y 14,000 photograph­s will probably cause yet another delay in the military commission­s at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all of the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceeding­s.

Defense attorneys said they have not yet been informed about the photograph­s and said it is unacceptab­le that they should come to light only now, more than three years after the arraignmen­t of Khalid Sheikh Mohammed and four other defendants ac- cused of planing the 9/11 attacks.

The death penalty cases against the five men began in 2008 under the Bush administra­tion and were abandoned by the Obama administra­tion for a planned trial in federal court in New York. That effort collapsed, and the prosecutio­n was returned to the military in 2011.

Also on trial at Guantanamo is Abd al-Rahim al-Nashiri, a Saudi of Yemeni descent who also was held by the CIA. He could receive the death penalty for his alleged role in the 2000 bombing of the USS Cole in Yemen.

“If the government does provide these photos to the defense — which is still an ‘if’ at this point — it would be better late than never,” said Air Force Capt. Michael Schwartz, a military attorney for Waleed bin Attash, one of the five defendants in the 9/11 military commission. “Receiving important discovery like this so far into the case is going to further delay this trial.”

The electronic images depict external and internal shots of facilities where the CIA held al-Qaida suspects after 9/11, but they do not show detainee interrogat­ions, including the tor- ture of some suspects who were subjected to waterboard­ing and other brutal techniques.

They do include images of naked detainees during transport, according to the officials, who spoke on the condition of anonymity.

The pictures also show CIA personnel and members of foreign intelligen­ce services, as well as psychologi­sts Bruce Jessen and James Mitchell, among the architects of the interrogat­ion program.

The government will probably resist any attempt to turn over photos of CIA officers and other personnel, arguing that it could endanger their personal security, while the defense will want to identify potential witnesses.

Brig. Gen. Mark Martins, the chief military prosecutor, declined to comment on the photos, but he said in February that his team was scouring the full, classified 6,700page Senate report.

Lt. Col. Myles Caggins, Defense Department spokesman for Military Commission­s, said in an email: “The prosecutio­n is making progress in reviewing the full report in order to comply with discovery obligation­s required by law.”

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