As is to be expected, the defense attorneys in the Khalid Shaikh Mohammed, et al trial are making a number of motions to dismiss. It happens in any trial. It’s what defense attorneys are supposed to do.

This time however, they make a fairly good point, specifically that the convening authority is illegitimate because it’s head acted inappropriately (the equivalent to this in a civil trial would be along the line of a juror talking to an attorney involved in the case).

Seems like they are half way there, because the presiding officer has already removed Brig. Gen. Thomas W., “What, Me, Ethics?” Hartmann from the case for his inappropriate behavior.

The five defense lawyers representing the so-called high-value detainees, who face the death penalty if convicted, argued in a 127-page motion that military commission rules require the legal advisor to provide “neutral and objective” advice.

The lawyers cited testimony that last summer Hartmann urged prosecutors to target “sexy” cases and those in which American blood was shed, hoping to boost the tribunal’s image as the presidential election approaches.

….

The defense motion said Hartmann had steered Guantanamo prosecutors away from other cases and toward the five defendants in hopes of racking up high-profile convictions.

Seriously, they screwed up the trial and execution of Saddam Hussein too, turning one of the more detested figures in the Arab world a martyr.

On the up side, there is no way that these trials start before the elections now.