Military Judge Throws Out Confessions of Fourth Defendant in 9/11 Case

A military judge on Wednesday tossed out the confessions of a fourth defendant in the government’s 9/11 case.

3,000 Americans were killed in the September 11, 2001, terror attacks on the Twin Towers in New York, the Pentagon, and a downed plane in Shanksville, Pennsylvania.

Walid bin Attash is accused of helping train two of the hijackers.

“Tell the judge that I am very proud for my part in the Planes Operation,” Walid bin Attash said to federal agents on January 24, 2007 — the first day of the interrogations, according to The New York Times.

The judge, Lt. Col Michael Schrama, ruled that bin Attash’s previous confessions to the CIA were coerced and therefore not admissible.

This is the latest blow to the federal government.

The New York Times reported:

The judge in the Sept. 11 case on Wednesday excluded the last disputed confessions of a prisoner accused of conspiring in the attacks, once again denying prosecutors evidence they had defended for years as crucial to the case.

The statements were obtained through a program designed by Bush administration lawyers in 2007 because the defendants’ previous statements to the C.I.A. were considered coerced and could not be used against them.

But for the fifth time, a military judge found that confessions obtained by federal agents on so-called clean teams were not admissible.

Lt. Col. Michael Schrama, the judge, ruled that the agents failed to notify Walid bin Attash that what the C.I.A. extracted from him from 2003 to 2006 in forced interrogations could not be used against him. The judge also found that when F.B.I. agents brought treats to their interrogation room to gain Mr. bin Attash’s cooperation they were copying a technique sometimes used by the C.I.A. to keep a prisoner confessing.

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By Netanyahu’s Own Math, Gaza Is 3,900 September 11ths

Benjamin Netanyahu likes to translate Israel’s grief into American. At the United Nations last month, he took the dead of October 7 and multiplied them by the ratio of America’s population to Israel’s. The 1,200 Israelis killed that day, he said, were “equal to 40,000 innocent Americans slaughtered in less than 24 hours. That’s 16 times 9/11.”

Per-capita comparisons are a perfectly legitimate tool. A small country feels a massacre more than a large one, and Americans should understand what October 7 meant to Israelis. But a method is only honest if you’re willing to apply it to everyone. So let’s apply Netanyahu’s method to the people his army has been killing for three years.

Gaza had about 2.2 million people before the war. The United States has about 341 million, roughly 155 times as many. Take a conservative figure of 75,000 Palestinians killed in Gaza, slightly above the Gaza Health Ministry’s latest count of more than 73,000. Multiply it by Netanyahu’s own logic, and you get about 11.6 million Americans.

Eleven point six million. That is roughly the population of Ohio. It is more than ten times the number of Americans killed in every war the United States has ever fought, from the Revolution to Afghanistan. It is about 15 times America’s deaths in the Civil War, the bloodiest conflict in the nation’s history.

Measured in the unit Netanyahu chose, it is about 3,900 September 11ths.

Run the numbers in Israel’s own terms and the result is the same. Seventy-five thousand dead in a population of 2.2 million is the equivalent of about 340,000 Israelis. Netanyahu built a speech, a war and a foreign policy on 1,200. Imagine what he would say about 340,000.

The convenient multiplier

The prime minister’s defenders will object that the comparison is unfair because many of Gaza’s dead were Hamas fighters. Fine. Subtract every combatant the Israeli military claims to have killed, and apply the multiplier to what remains. Even 50,000 dead becomes nearly 8 million Americans, about 2,600 9/11s. You can argue over every death in the ledger, and the result is still measured in millions.

Netanyahu’s arithmetic has problems even on its own terms. Forty thousand Americans divided by the 2,977 who died on September 11 comes to about 13.4 9/11s, not 16. When the rhetoric needs a bigger number, it seems, the calculator rounds up.

But the real problem isn’t the rounding. It’s the selectivity. Netanyahu’s multiplier is designed to work in one direction only. It enlarges Israeli dead into an American catastrophe so that American audiences will feel what Israelis felt. Applied to Palestinians, it produces numbers so large they would make any American audience ask what, exactly, it has been paying for. That is why he never applies it to them.

What the comparison actually shows

The point of a per-capita comparison is to help outsiders grasp the scale of a loss. Netanyahu wants Americans to imagine 40,000 of their countrymen murdered in a day, and to understand everything Israel has done since as the natural response. Very well. Ask Americans to imagine 11.6 million of their countrymen dead, in a territory sealed off from escape, and to call it self-defense.

No American president would describe 11.6 million American dead as a proportionate response to anything. No American would accept that the dead deserved it because some of them were armed. And no one who has run the numbers can accept the premise of Netanyahu’s arithmetic, which is that Israeli lives scale up and Palestinian lives do not.

The method is Netanyahu’s. So is the answer it produces: by his own measure, the catastrophe in Gaza is about 290 times larger than the one he asks the world to remember.

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