Media Face Restrictions at Guantanamo Bay Hearings

By: Paisley Dodds, Associated Press Writer (AP) Media covering preliminary hearings for terror suspects next week at Guantanamo Bay will face tight restrictions, including rules that may delay or prevent the release of information the U.S. military says is classified or protected.

Four men charged with crimes ranging from aiding the enemy to attempted murder are expected to appear at the hearings, the first step toward military commissions, or trials.

In an explanation of the ground rules Wednesday, the U.S. military said the limits are meant to ensure security of both participants and sensitive information.

"We want proceedings to be open and transparent as possible, however, there are security concerns," said Navy Lt. Susan McGarvey, a spokeswoman for the Judge Advocate General and the proceedings. "The security assessment is, however, ongoing."

Restrictions include not releasing information the U.S. military determines to be classified or protected, a broad category that could cover a range of topics and is largely untested.

U.S. authorities also have the right, without explanation, to order closed sessions when they plan to discuss protected information.

No audio, video, photographs or other electronic images will be allowed of proceedings or participants without approval of military public affairs officers. Tape recorders, telephones and computers will be barred from the courtroom while the proceedings are in session.

The identities of all commission personnel, prosecutors, defense counsels, and witnesses, cannot be released without prior approval.

The rules even advise what not to wear to the hearings: "Inappropriate attire would include, but is not limited to, sleeveless shirts, denim jeans, T-shirts, mini skirts, any accessories or other clothing attire with political slogan, sneakers or tennis shoes and sandals."

More than 60 journalists expected to observe the hearings were required to sign ground rules, including a reporter for The Associated Press.

The American Civil Liberties Union questioned the strict rules.

"Any sweeping categorical rule is unacceptable," said Nadine Strossen, national president of the ACLU. "In terms of classified information, there is the Classified Information Procedures Act and the burden of proof is on the government."

Protected information could include material that may endanger the safety of participants, including prospective witnesses. The restrictions could also include information concerning intelligence and law enforcement sources or their methods or activities.

In some cases, the military may determine there is a risk of protected information being inadvertently discussed or disclosed. If that occurs, the media will view the proceedings from closed circuit television with a delay "to allow security officers to interrupt the feed in the event of the disclosure of protected information," the rules said.

If a hearing is completely closed, information "will be provided to the media members, though some exact details may be excluded," the rules said. "It is anticipated that this procedure will only be used when absolutely necessary."

The first hearing is scheduled for Tuesday with proceedings expected to end Friday. There have been no dates set yet for the military commissions.

John Altenburg Jr., the appointing authority for the Office of Military Commissions, said the hearings will likely involve discussions of trial dates and pretrial motions. No evidence will be presented, nor will any witnesses testify. The four men will hear charges against them and may be able to enter a plea, although procedures are still not defined.

Fifteen men have been designated for commissions but only four have had charges approved. Those four will appear next week, including Australian David Hick; Salim Ahmed Hamdan and Ali Hamza Sulayman al Bahlul, both from Yemen; and Ibrahim Ahmed Mahmoud al Qosi, a Sudanese. Charges range from aiding the enemy to attempted murder. The penalty is life in prison.

Unlike ongoing review tribunals meant to evaluate whether some 585 detainees should remain held as enemy combatants or freed, media will be allowed to identify the charged prisoners.