Mr. Speaker, no one in this body was untouched by the tragedy of Sept. 11, 2001, which will stand in our history as one of the most infamous crimes ever perpetrated against the people of the United States. It not only cast a shadow of…
Mr. Speaker, no one in this body was untouched by the tragedy of Sept. 11, 2001, which will stand in our history as one of the most infamous crimes ever perpetrated against the people of the United States. It not only cast a shadow of despair over America, but also thrust us into a different kind of global conflict, fighting an unconventional, adaptive enemy that has adopted the mass murder of innocent civilians as a weapon of war.
More than four years ago, we apprehended the alleged mastermind of the 9/11 plot, Khalid Sheikh Mohammad. He and four others are awaiting trial in the Guantanamo Bay detention facility on charges that include 2,973 individual acts of murder. That trial will take place before a reformed military commission.
I believe that such commissions are the appropriate venue for this proceeding. They are modeled on the federal civilian criminal justice system. They protect the rights of the accused. They respect the rule of law. They reflect our core values as Americans. They are transparent. In short, they provide an instrument that is fair, principled, accountable, and effective, one that satisfies the imperative of justice rather than the thirst for revenge.
This confidence is underscored by the fact that Brig. Gen. Mark Martins is the chief prosecutor of the military commissions at Guantanamo Bay. Gen. Martins is a lawyer of tremendous skill, and a man of great integrity, character, and judgment. Reflecting his commitment to this case, he recently declined promotion in order to see these matters through to their conclusion. As the war against terrorism moves to the legal arena, we are indeed fortunate that Gen. Martins is leading the effort to ensure that justice is fairly dispensed to those charged with the horrific acts of 9/11.
Recently, Mr. Speaker, Gen. Martins and the reformed military commission were the subjects of a news report from National Public Radio. With your permission, I would like to include the text of that report in my remarks and urge that my colleagues take a moment to read this article and learn more about the man that Gen. David Petraeus described as ``one of those rare individuals who always seems to end up in the toughest assignments and always performs exceedingly well in them.''
A Prosecutor Makes The Case For Military Trials
(By Dina Temple-Raston)
The chief prosecutor for the military commissions at
Guantanamo Bay, Cuba, is arguing a difficult case: that the
commissions are not only fair, but can take pride of place
alongside the civilian criminal justice system.
Brig. Gen. Mark Martins is the chief prosecutor for the
commissions, the courts at the naval base that try high-
profile terrorism suspects.
He has been called Guantanamo's detox man largely because
he has made it his mission to show that the military
commissions system at Guantanamo is no longer a toxic version
of victor's justice.
When the Bush administration resurrected the commissions
system in the days after the 9 11 attacks, it was seen as a
convenient way to process the hundreds of detainees at
Guantanamo.
The fullness of time, Martins argues, has turned the
commissions into something more: something that actually
resembles an adversarial judicial process.
``Law is being applied, judges are interpreting laws,
counsel are arguing for different pieces of a particular
motion,'' Martins told NPR in an interview. ``Justice is
being done, we're just absolutely committed to that. We've
worked hard on reforms. Congress has been involved twice. The
Supreme Court has ruled upon this.''
``The current system is fair, but I understand that people
will have to see that for themselves,'' said Martins, who
graduated first in his class at West Point, studied as a
Rhodes scholar and then went to Harvard Law School.
Closed-Circuit TV Feeds Of Trials
Actually watching the proceedings used to be one of the
system's basic shortcomings.
Proceedings were all secret. To see what was going on in
the courtroom required traveling to Guantanamo and getting a
bevy of clearances. Not anymore. The curious can now watch
the trials on closed-circuit television feeds at selected
army bases. To get in, citizens just need to show a picture
ID, officials say.
Court transcripts are available online. So are motions.
Martins says this new transparency is part of a broader
effort to convince naysayers that the military commissions
aren't so different from civilian courts.
To underscore the point, eight Justice Department attorneys
are part of the prosecution teams working on two of the
marquee trials the military commissions are hearing: the
trial of Abd alRahim al-Nashiri, the man who allegedly
planned the attack against the USS Cole in Yemen in 2000, and
the trial of the alleged Sept. 11 mastermind, Khalid Sheikh
Mohammed, and his alleged co-conspirators.
Those Justice Department lawyers work for Martins. He
assigns them to cases, and they answer to him as well as the
Justice Department.
Blending Military And Civilian Systems
Martins himself is no stranger to the Department of
Justice.
For seven months in 2009, between deployments, Martins
worked at Justice on President Obama's Detention Policy Task
Force.
Then, three years ago, he became the first soldier to have
his promotion ceremony held in the Justice Department's Great
Hall. The country's top civilian lawyer, Attorney General
Eric Holder, spoke at the ceremony as did Gen. David Petraeus
who, at the time, was the head of the United States Central
Command. Petraeus and Martins have worked together for more
than two decades.
At the ceremony, Petraeus praised Martins: ``Above all he
is one of those rare individuals who always seems to end up
in the toughest assignments and always performs exceedingly
well in them.''
Petraeus was Martins' first boss when Martins was a junior
JAG officer with the 101st Airborne at Fort Campbell, Ky.
Years later, Martins helped Petraeus during the surge of U.S.
troops in Iraq. Then Martins served in Afghanistan. He was in
charge of a field team that was supposed to transform lawless
areas in Afghanistan into law abiding ones. Now he's being
asked to transform the military commissions at Guantanamo.
Support From The Justice Department
Martins has some unexpected allies on this mission,
including key people at the Justice Department. Just last
month, Holder, the attorney general, called the military
commissions ``essential to the effective administration of
justice.''
And he isn't alone. Lisa Monaco, the assistant attorney
general for National Security at Justice, said the reformed
military commissions have the ``same fundamental guarantees
of fairness that are the hallmark of criminal trials.''
This is a far cry from the grumbling that could be heard
coming out of the Justice Department when Congress passed a
law that essentially required that detainees at Guantanamo be
tried on base.
Still, critics have reservations.
``One of the biggest problems is that today's military
commissions carry with them the baggage of the military
commissions from the Bush era and there is no way to get
around that,'' says Karen Greenberg, director of the Center
on National Security at Fordham Law School.
That's why Greenberg says Martins has a Sisyphean task of
correcting the commissions' difficult history. For example,
the Bush era military commissions allowed hearsay evidence
and coerced statements--statements that might have come from
torture and while the reformed commissions, as Martins calls
them, no longer permit that, the old system still manages to
cast a pall over the new.
``There are other problems,'' says Greenberg. ``Basic
things like attorney-client privilege. Defense attorneys and
their clients at Guantanamo have their mail read. This might
be okay under some sort of military commission, but it
carries with it the legacy that was part of the Bush
administration's policy. The Bush administration treated
defense attorneys as if they were collaborating with the
enemy and that sense hasn't really gone away.''
Martins acknowledges the difficulty: he says the Bush-era
commissions system in 2001 was flawed. But the case he is
making is that today's system is something else altogether.
Now commissions give those on trial a meaningful
opportunity to mount a defense. ``I believe that as people
watch this system and see it is sharply adversarial, it has
all the protections that are demanded by our values . . .
that they will see that this is a system they can have
confidence in,'' says Martins.
Plans To Retire From The Military
Martins would like to remain in the post for two more
years, but has asked the military to allow him to retire
after he finishes his current assignment as chief prosecutor.
``I've decided to request that this be my last assignment
in the military,'' he told NPR in an interview. ``That will
afford a measure of continuity of the commissions process and
it will enable me to stay at least until November 2014.''
The departure of a chief prosecutor at Guantanamo has
happened before, but under very different circumstances.
One chief prosecutor who preceded Martins was accused of
rigging the military commissions process to ensure
convictions.
Another quit after he said he felt pressured to include
evidence derived from torture in commissions proceedings. He
later said that he left because he didn't feel he could do
that in good conscience.
Martins says his decision comes out of a need to make the
commissions right. He says he wants to finish the job he
started.
That job will be under even more scrutiny in the coming
weeks. That's when Khalid Sheikh Mohammed and four other men
accused of taking part in the 9 11 attacks are expected to be
arraigned in a Guantanamo courtroom. Martins is keenly aware
that everyone will be watching.