The peculiarities of the US military tribunals at Guantanamo Bay were on full display on Wednesday, when lawyers questioned the judge who is presiding over the case of the five men accused of helping orchestrate the terror attacks of September 11, 2001.
Defence lawyers and prosecutors spent hours digging into US Air Force Col Matthew McCall's background, searching for threads that could potentially reveal conflicts of interests or prove him unfit to oversee an eventual trial of the “9/11 Five".
In state and federal courts in the US, lawyers are not given an opportunity to question a judge’s background.
Col McCall, 50, is the seventh judge to preside over the case, which has dragged on since charges were first filed in 2008, though he is only the fourth to actually hear any motions.
His appointment has been controversial.
He was first appointed in 2020 by then-chief trial judge Douglas Watkins, but shortly thereafter recused himself after the prosecution objected on the grounds that he had not been a judge for more than two years, the minimum requirement to preside over a military commission.
Once Col McCall had passed the two-year mark as a judge, he was reappointed and officially took on the case on August 20.
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Smoke billows from the North Tower of the World Trade Centre in New York City after terrorists crashed a plane into the building on September 11, 2001. AP Photo -
The plane was thought to have hit the North Tower between floors 93 and 99 sparking a fierce fire on those storeys from which people desperately tried to escape. Reuters -
American Airlines flight 175 closes in on the south face of the South Tower of the World Trade Centre as the North Tower burns. Shutterstock -
The moment of impact. AFP -
With both towers ablaze, pandemonium ensues in Manhattan in the building and on the ground. AFP -
The cloudless, blue sky gave little portent of the dark, history-changing day that was to come but would remain etched on the memory of those involved and beyond. AFP -
People run for their lives as the North Tower of World Trade Centre collapses. The South Tower had come down 29 minutes earlier. Getty Images -
Emergency personnel tend to injured people in Liberty Park, New Jersey, as the enormity of the day's events slowly begin to hit home. Reuters -
The World Trade Centre disappears in a thick cloud of smoke as the second tower implodes. AP Photo -
Firefighter Gerard McGibbon, of Engine 283 in Brownsville, Brooklyn, prays after the buildings collapse. Getty Images -
Smoke pours from the site and drifts across the New York sky. Reuters
Both the defence and prosecution questioned his lack of experience as a judge and whether he had a strong command of the case.
Col McCall, who has requested everyone in court wear masks, took his off during questioning so both sides could better see his facial expressions.
When asked if he could be impartial on the case he replied “without a doubt".
At one point during proceedings, Ramzi bin Al Shibh, who is accused of running a terror cell in Hamburg, Germany, that sent several of the hijackers to the US, stood up and started praying, a sight that has become fairly common during the case's lengthy history.
The proceedings continued uninterrupted.
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A passenger barge docked at US Naval Station Guantanamo Bay, on the south-east coast of Cuba. All photos: Willy Lowry / The National -
A welcome sign at US Naval Station Guantanamo Bay. -
A US Naval Station sign at Guantanamo Bay. -
Two US Navy sailors stand at attention as they raise the American Flag at US Naval Station Guantanamo Bay. -
A US Navy cutter shipped docked at Guantanamo Bay. -
A view of US Naval Station Guantanamo Bay and the surrounding countryside. -
Hilly landscape surrounding Guantanamo Bay. -
A McDonald's arch at US Naval Station Guantanamo Bay. -
The exterior of a building at the US Naval Station at Guantanamo Bay -
The 'USS Billings', a littoral combat ship, docked at US Naval Station Guantanamo Bay.
Defence lawyer David Bruck asked Col McCall if he was prepared for the potentially life-changing effects this case, which is likely to attract worldwide attention for months if it ever goes to trial, would have on his life.
He said he understood the case's significance.
“I plan on having almost tunnel vision while doing this job,” he told the court.
“I didn't see any red flags,” said James Connell, the lead counsel for Ammar Al Baluchi, who is accused of transferring money to the hijackers. “He seems like a person who is committed to doing the best he could and in a tough situation.”
Mr Connell said he would not object to Col McCall’s qualifications and he does not expect the legal representatives for the other accused men would do so either.
