US military judge orders witness names withheld from Guantánamo detainee

Khadr’s lawyers, who were given witness information, were ordered not to reveal names to their client or anyone else. The ruling makes it virtually impossible for the defense to either establish the veracity of claims made against Khadr or argue against them.

Documents obtained by the New York Times and first reported on December 1 make it clear that military prosecutors sought the measure as a precedent for future military commissions. The order stipulates that the prosecution may either dispense with or extend the secrecy protections three weeks before trial. According to the Times, prosecutors have suggested they may pursue an extension of secrecy over all information identifying witnesses in any way.

Invoking the standard official claim of an omnipresent security threat, prosecutor Major Jeffrey Groharing wrote to Brownback, “It is conceivable, if not likely, that Al Qaeda members or sympathizers could attempt to target witnesses.” Witnesses in Khadr’s upcoming trial may include US military personnel who were present during his capture in 2002.