New Judge in the 9/11 Trial at Guantánamo Inherits a Complex History

The judge was assigned to the case June 3. Since then, he said, he had “wondered” whether the United States Constitution applies to military commissions, and was hoping prosecutors and defense lawyers would help him “make the right decision.”

Mr. Harrington replied, “Welcome to the sewer, judge.”

The last judge, Col. Keith Parrella of the Marines, was impatient and decisive during his qualifications questioning. He took over the case in September, presided for nine months then became commander of Marine Corps security forces at United States Embassies worldwide.

Colonel Cohen appeared humble by contrast, asking at times how to pronounce the names of some in the courtroom, notably Mr. bin al-Shibh.

Mr. Mohammed, the lead defendant, sat about 30 feet away from the judge. His accused accomplices sat in rows behind him, two of them having brought shawls with images of Al Aqsa Mosque in Jerusalem, demonstrating their affinity with the Palestinians.

The judge’s official biography shows he obtained his undergraduate and law degrees from the Brigham Young University. But, unprompted, he brought up his faith when he was asked about his attitude toward Israel’s conduct in the Middle East.

“I do have some relatives that are Jewish. I am not. I am a member of the Church of Jesus Christ of Latter-day Saints,” he said. “I believe that all people, men and women, should be able to worship how, where and what they may. I have no affiliations with the state of Israel, nor do I harbor any ill will toward the religion of Islam.”

When a defense lawyer pointed out that the question was not about his religious affiliation, the judge replied, “I wanted to just put that aside because I do realize it is a very Jewish name.”

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