Scott Fenstermaker, the 9/11 Lawyer, Speaks Out: Judges Are Breaking the Law, Detainees Not Getting

By The Populist

Scott Fenstermaker has represented Ali Abd al-Aziz Ali in various legal proceedings at Guantanamo Bay. Mr. Ali stands accused of conspiracy, murder, destruction of property, hijacking, and terrorism for his part in the September 11th attacks. I could not understand why Mr. Fenstermaker would not defend his client in court, so I began the interview by asking him to clarify this:

TP: Why won’t you represent Ali Abd al-Aziz Ali when he stands trial in New York for the September 11th attacks?

SF: The government would not let me represent him.

TP: Why not?

SF: Well, that’s a good question. The government goes crazy every time the detainees want me to represent them, and the government doesn’t like it.

TP: How does the government prevent you from representing the detainees?

SF: The government wants to control who represents the detainees. The government not only wants to, but it is. The government does this by controlling the judges. The judges are doing exactly what the government wants them to do in these cases. The judges ask what the government wants them to do, and then they do it.

TP: What if Mr. Ali or one of the other defendants asks you to defend them in court?

SF: I would refuse to do it.

TP: Why?

SF: Because I think the international community may one day open up a war crimes investigation into the war on terror, and a lot of these judges and lawyers may be prosecuted themselves.

SF: It’s illegal, what we’re doing with these detainees.