"Yes."
"Very good Haji, very good!" said Sergeant Brown, in the background. "You just may live another day."
"Captain Billings, how long did your interrogation of Mr. Khury last?"
"The initial interrogation was eight hours long."
"And was Mr. Khury given the opportunity to go to the toilet during the interrogation?"
"Yes."
"I have to go to the toilet," pleaded Ahmed.
"You will have the opportunity to go when we're done," said one of the strangers.
"But I can't hold it any longer!"
"Don't you piss your pants again, Haji," said Sergeant Brown. I told you before, we're not a laundry service."
"Was Mr. Khury given water for hydration during the interrogation?"
"He was offered water, but refused. So we had to have a naval nurse give him an IV."
"Was he offered food during the interrogation?"
"He was, but he refused to eat."
The cloth finally came off again, and Ahmed spit out water, choked and gasped for air.
"What do you know about al Qaeda's plans to move money out of Iraq?"
"I told you before, I don't know anything!"
"Mr. Khury, would you like a glass of water to drink?"
"What? Are you kidding?"
"If you refuse water, we will have to give you fluids intravenously."
"Captain Billings, was your interrogation of Mr. Khury audiotaped?"
"Yes."
"Was the tape transcribed into a transcript?"
"Yes."
"Showing you what has been marked for identification as Exhibit number 52, can you identify this document?"
"It's the transcript of the interrogation."
"Move Exhibit 52 into evidence, Your Honor."
"Objection!" said Brent. Hearsay, res judicata, and best evidence."
"Counsel approach the bench."
"Your Honor, in the habeas corpus proceeding, you threw out the confession as coerced," pleaded Brent.
"Your Honor," said Nagel, "I'm not offering it for the truth of the matters set forth in the transcript. Only as evidence of the treatment that Mr. Khury received at the hands of his interrogators."
"You opened the door, Counsel," said Judge Henley.
"Your Honor, if this comes in, then I should have the opportunity to introduce my client's sworn statement of the treatment he received at the hands of his interrogators."
"Your Honor, that is an out-of-court statement that the Government did not have the opportunity to cross-examine," objected Nagel.
"I offer it for the limited purpose of impeaching this witness," said Brent.
"Your Honor, it contains hearsay within hearsay, and is too prejudicial to admit since we did not have the opportunity to cross-examine."
"I'm afraid he's right, Mr. Marks."
"So this transcript of what they say happened comes in, and Mr. Khury's does not, is that what you're saying, Your Honor?"
"I'm afraid so."
"My ruling is that the transcript may be admitted into evidence. Identification and admission of Plaintiff's proposed exhibit for impeachment, which is the declaration of Ahmed Khury from the habeas corpus proceeding, is denied pursuant to Rule 402 of the Federal Rules of Evidence."
It was a huge blow to Brent's case. Now the jury would see the doctored and bogus transcript and would not even see Ahmed's version of what happened in that interrogation room. As Brent was heading back to the counsel table, he saw that strange young man in the back of the gallery, smirking at him. The look in his eyes was wild and made Brent feel uncomfortable.
"Captain Billings, did you conduct a second interview of Mr. Khury?"
"Yes, two weeks later we conducted a follow-up interview."
"Showing you what has been marked for identification as Exhibit number 53, is this a true and accurate transcript of that interview?"
"Yes, it is."
"Move Exhibit 53 into evidence, Your Honor."
"Same objection, Your Honor."
"Overruled."
The wind had been taken out of Brent's sails. He dared not even cross-examine Billings, because he had already lied about waterboarding and dry-boarding, and had done it coolly and calmly, without changing his expression. He was a terrific liar, and the cardinal rule of cross-examination was never to ask a question that you did not know how the witness would answer. Brent could not run the risk of making him look even better.
Nagel called Louis Rapallo to the stand, who testified, in clone-like fashion, in the exact same manner and as to the same facts as Billings. They had gotten their stories straight, and with precision. Napoleon said, "History is a set of lies agreed upon." There was nothing that Brent could do at this point to rewrite history for the jury.
CHAPTER FORTY-NINE.
Colonel Robert Masters took the stand. Brent imagined how the jury would see him. Twenty years of military service had imprinted itself on the Colonel's soul. It defined him. He was as stiff as a starched shirt, but, somehow, for him, that appeared to be normal.
Nagel had Masters describe the chain of command in Camp 7, and Masters was at the top of it. He answered to a General in Camp Delta, and was left to handle Camp 7 as he saw fit.
"Colonel Masters, can you please describe Camp 7?"
"Camp 7 is a classified, high security detention facility, used to house high value detainees. Due to the fact that it is classified, I cannot disclose its location or layout."
"What do you mean by "high value detainees"?
"High value detainees are those who are the 'worst of the worst.' The types who have been accused of the 1998 Embassy bombings, the USS Cole bombing, planning the September 11th attacks..."
"Dangerous people."
"Yes."
"What kinds of precautions are taken in Camp 7 that are different than in the other detention facilities at Guantanamo?"
"The location of the camp is a strictly held secret. Detainees being moved from the Camp to other locations, such as military tribunals, or classified areas within the facility must wear blackout hoods to ensure the secrecy and integrity of the facility. Because the facility contains such high value and dangerous detainees, when detainees are moved, a special armed detail of guards are used to ensure the safety of personnel and to prevent escape."
"Is torture ever practiced on detainees?"
"Absolutely not. Our standard operating manual prohibits torture. Detainees are treated within the spirit of the Geneva Conventions."
Brent pulled Rick aside at the break.
"So who is that little fuck who sits in the back of the gallery every day and just loves it when I'm losing?"
"His name is Theodore Anderson. U.S. Marine Corps Corporal. Was part of a unit of guards at Gitmo during his last tour, but they transferred him."
"Why?"
"He's not exactly the calmest one in the bunch. Beat one of his comrades nearly to death in a fight for not being a good patriot. Not enough evidence for a court martial. Nobody would talk. They call him Balls, because he's not afraid of anybody."
"Now you tell me."
"Don't worry, I've got your back. I can't connect him to the case. Looks like just a nut who wants you to lose this one, that's all."
"Well, keep an eye on him. He gives me the creeps."
"What precautions are taken when detainees show suicidal tendencies?" asked Nagel.
"If a detainee is suspected of being suicidal, he is referred to the psychiatric hospital for a suicide evaluation. If determined to be suicidal, he is issued special bed sheets and blankets that cannot be torn or tied."
"Was Mr. Khury suspected as suicidal?"
"No, but he was referred for a psych eval because of comments that he had made to staff."
"What comments were those?"
"That he would be better off dead than in this place, things like that. Things everyone has been known to say in their life from time to time. We just prefer to err on the side of precaution."
"And, after hearing those comments, what did you do?"
"We referred him to a psychiatric evaluation, with negative results."
"Did you take any other precautions?"
"Yes, he was placed on a one to three minute check, meaning that every one to three minutes, a guard would look into his cell."
Colonel Masters picked up his radio.
"Masters."
"Colonel, it's Sergeant Brown. We got a situation here."
"What is it, Sergeant?"
"This Haji Ahab...Khury...He was being force-fed and stopped breathing."
"Did you try to revive him?"
"Yes, sir."
"The nurse is there?"
"Yes, sir."
"Is he dead, Sergeant?"
"Yes, sir."
"Well, all I can say is handle it. We can't have a dead Haji in the feeding room."
"Handle it, sir?"
"Make sure he's found somewhere else, Sergeant, is that clear?"