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Author Topic: 9/11 Trial Puts German-US Relations Under Strain (problems with death penalty)  (Read 643 times)
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JohnBrowdie
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« on: November 24, 2009, 12:43:58 pm »

this is just blowing up in our faces.

this is definitely something that should have been figured out beforehand.  a lot of these detainees were insisting on pleading guilty to a military tribunal and then being executed before holder and obama threw all of that away in this bizarre symbolic gesture that probably had more to do with showing up the former bush administration and furthering their clandestine war on the CIA than anything else.

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No Capital Punishment in Germany

But it looks like the upcoming trial will cause headaches for Germany. Holder and US President Barack Obama have announced that they intend to seek the death penalty if the five defendants are found guilty. German law prohibits capital punishment, yet evidence provided by German investigators will play a key role in the trial.

This presents the German government with a dilemma. Berlin can either oppose the use of German evidence in a bid to protect the defendants from execution -- and risk alienating a NATO ally in the process -- or it can approve the use of the incriminating documents, which would contravene Germany's position on the death penalty.

According to the current mutual legal assistance agreement between the two countries, should the information furnished by German investigators be used to impose the death penalty, Germany can insist that this evidence be considered inadmissible in court. This would not be the first time that the Germans have demanded such assurances for criminal proceedings.

The trial in New York is threatening to put a strain on German-American relations. Washington already feels that Germany has let it down by refusing to take in former detainees after the Obama administration decided to close Guantanamo. What's more, when it comes to bringing the terrorists behind 9/11 to justice, there is currently very little understanding in the US for any legal concerns that Berlin might have.

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JohnBrowdie
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« Reply #1 on: November 25, 2009, 12:09:34 pm »

an underlying motive is almost certainly to protect their intelligence sources.   our ostensible allies in the war on terror are going to send a team of lawyers to try to EXCLUDE evidence evidence that they turned over to us. 

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German concerns threaten 9/11 trial evidence

Berlin will seek to block evidence collected by German investigators about the September 11 attacks from being used to secure the death penalty in the trial of five alleged conspirators in New York.

The stance could strain relations between chancellor Angela Merkel's government and the Obama administration.

The German justice ministry said the findings of the country's investigation into the 2001 attacks in New York and Washington had been made available to the US authorities against an explicit guarantee that they would not be used in court to secure death penalties.

"This condition governs all legal and police co-operation between Germany and the US and it applies in the case of the 9/11 trial," Ulrich Staudigl, justice ministry spokesman, told the Financial Times. "So far, the US has always abided by such agreements and we have no reason to think this time will be any different."

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