Panel cuts off Yemeni man after he admits al-Qaida tie

By Scott Higham
The Washington Post

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Ali Hamza Ahmad Sulayman al Bahlul, 36, made the admission while arguing to represent himself during a preliminary hearing by the military commission, which will decide whether the diminutive, educated suspect conspired to commit war crimes against the United States.

"I am from al-Qaida and the relationship between me and September 11 ... ," al Bahlul said before the presiding officer of the commission interrupted him.

Army Col. Peter Brownback told the other five commission members, who will serve as judges and jurors in the case, to disregard al Bahlul's remarks because he was not under oath and what he said should not be considered evidence.

"In short, I would like to represent myself," al Bahlul said. "No one should worry about me causing problems, or being loud, or saying anything that will be inflammatory. I can give you my word. ... If the American system will not allow me to represent myself, I will be forced to attend and I will be a listener."

It was not clear what al Bahlul intended to say about his relationship to the Sept. 11 attacks, and he never picked up where he left off when the proceedings continued.

But his unexpected remarks prompted defense attorneys to object to Brownback's statement, saying he was misreading the law. Brownback eventually recessed the hearing to meet with military-appointed defense lawyers and prosecutors.

In civilian courts, statements such as al Bahlul's before jurors in a case can result in a mistrial. Defense attorneys can argue that jurors might be prejudiced against the suspect, regardless of what the judge tells them to do, and that the defendant could not receive a fair trial under the circumstances. In this case, al Bahlul is charged with conspiracy to commit war crimes, and part of that was his alleged membership in al-Qaida.

Before the recess was called, al Bahlul said he wanted to represent himself or be represented by a Yemeni attorney. Two military attorneys, Navy Lt. Cmdr. Philip Sundel and Army Maj. Mark Bridges, are representing him. Under current rules, his attorneys can see classified evidence against him, but al Bahlul cannot.

Brownback directed Sundel and Bridges to prepare motions on behalf of al Bahlul requesting that the chief of the military commissions consider whether the defendant can represent himself or hire a foreign national as an attorney. Brownback said commission rules now prohibit suspects from representing themselves or having non-U.S. citizens as attorneys.

A decision is not expected until Sept. 30.

Copyright © 2004 The Seattle Times Company

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