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Fact check: Did 9/11 accused have due process

Checked on May 10, 2025

1. Summary of the results

The evidence strongly indicates that 9/11 accused did NOT receive adequate due process. Multiple sources confirm systematic denial of basic legal rights:

  • President Bush initially claimed authority to hold "enemy combatants" without formal charges or proceedings [1]
  • Only 8% of Guantanamo detainees were believed to be al-Qaida members, with many captured through reward leaflets [2]
  • Defendants have been held since 2003 without trial [3]
  • A UN human rights investigator found evidence of "systematic rendition, torture, and arbitrary detention" [2]

2. Missing context/alternative viewpoints

Several crucial contextual elements need to be considered:

*Legal Challenges and Supreme Court Intervention:

  • Multiple Supreme Court cases (Hamdi v. Rumsfeld, Rasul v. Bush, Hamdan v. Rumsfeld, Boumediene v. Bush) consistently found that detainees were being denied constitutional rights [4]
  • The judiciary repeatedly pushed for more stringent due process standards than the executive branch wanted to accept [1]

Complications in Prosecution:

  • CIA torture has rendered many statements inadmissible and created significant legal complications [5]
  • In 2023, at least one defendant (Ramzi bin al-Shibh) was ruled psychologically unfit for trial due to CIA maltreatment [2]
  • A plea deal was eventually proposed that included provisions for victims' families to ask questions [6]

**3. Potential misinformation/bias in the original statement**

The simple question of "due process" overlooks several competing interests:

Security vs. Rights Balance:

  • Democratic societies faced significant challenges balancing security concerns with civil liberties after 9/11 [7]
  • The Supreme Court has explicitly confirmed that due process rights extend to all persons within the US, including non-citizens [8]

Institutional Conflicts:*

  • There was a clear tension between executive branch actions (focused on security) and judicial branch decisions (protecting rights) [1]
  • The military justice system and CIA actions created obstacles to traditional criminal prosecution [5] [3]
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