Leaked Emails Claim Guantanamo Trials Rigged

Maj Preston writes that the process is perpetrating a fraud on the American people, and that the cases being pursued are marginal. Brig Gen Hemingway denies that the cases being prosecuted are low-level. Maj Preston says he cannot continue to work on a process he considers morally, ethically and professionally intolerable. Capt Carr says the commissions appear to be rigged. Capt Carr says that the prosecutors have been told by the chief prosecutor that the panel sitting in judgment on the cases would be handpicked to ensure convictions. David Hicks’ defence lawyer, Major Michael Mori, says the documents are “highly significant.” But the Pentagon’s Brigadier General Thomas Hemingway, who is a legal advisor to the military commissions, says an investigation has found the comments are based on miscommunication, misunderstanding and personality conflicts. Brig Gen Hemingway denies that the cases being prosecuted are low-level. He also denies that the commission panels are being hand-picked to insure detainees are not acquitted.

Leaked emails from two former prosecutors claim the military commissions set up to try detainees at Guantanamo Bay are rigged, fraudulent, and thin on evidence against the accused.

Two emails, which have been obtained by the ABC, were sent to supervisors in the Office of Military Commissions in March of last year – three months before Australian detainee David Hicks was charged and five months before his trial began. 

The first email is from prosecutor Major Robert Preston to his supervisor.

Maj Preston writes that the process is perpetrating a fraud on the American people, and that the cases being pursued are marginal. 

“I consider the insistence on pressing ahead with cases that would be marginal even if properly prepared to be a severe threat to the reputation of the military justice system and even a fraud on the American people,” Maj Preston wrote.

“Surely they don’t expect that this fairly half-arsed effort is all that we have been able to put together after all this time.”

Maj Preston says he cannot continue to work on a process he considers morally, ethically and professionally intolerable.

“I lie awake worrying about this every night,” he wrote.

“I find it almost impossible to focus on my part of mission.

“After all…

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