The U.S. is concerned that evidence obtained from CIA interrogations will be inadmissible at war-crimes tribunals

Los Angeles Times

WASHINGTON -- The FBI is quietly reconstructing the cases against Khalid Shaikh Mohammed and 14 other accused Al Qaeda leaders being held at Guantanamo Bay, Cuba, spurred in part by U.S. concerns that years of CIA interrogation have yielded evidence that is inadmissible or too controversial to present at their upcoming war crimes tribunals, government officials familiar with the probes said.

The process is an embarrassment for the Bush administration, which for years held the men incommunicado overseas and allowed the CIA to use coercive means to extract information from them that would not be admissible in a U.S. court of law -- and might not be allowed in their military commissions, some former officials and legal experts said. Even if the information from the CIA interrogations is allowed, they said, it would probably risk focusing the trials on the actions of the agency and not the accused.

The FBI investigations, involving as many as 300 agents and analysts in a "Guantanamo task force," have been underway for as long as two years. They were requested by the Defense Department shortly after legal rulings indicated that Mohammed -- the self-proclaimed mastermind of the Sept. 11 terrorist attacks -- and the other Al Qaeda suspects probably would win some form of trial in which evidence would have to be presented, according to senior federal law enforcement officials.

The task force has reviewed intelligence, interviewed the 15 accused Al Qaeda leaders and traveled to several nations to talk to witnesses and gather evidence for use in the tribunals, the federal law enforcement officials said. Like most others interviewed for this article, they spoke on the condition of anonymity, citing the sensitivity of the investigations, which are being coordinated with the Pentagon.

A Pakistan-based U.S. official who has participated in the hunt for Al Qaeda leaders since 2001 said he was interviewed by FBI agents four months ago in Washington. They were "very aggressively pursuing KSM and all of the things he's been involved in," he said, referring to the accused terrorist by his initials.