GUANTANAMO BAY NAVAL BASE, Cuba (CN) - The brigadier general gunning for the suspected plotters of the Sept. 11, 2001, attacks goes to great lengths - on a roughly 5-mile run around the Caribbean naval base - to convince skeptical reporters that he is steering the reputed "trial of the century" at an appropriate forum.
Though he is prosecuting some of the most notorious men on the planet, the fractured history of the military commissions has made it curiously difficult for Brig. Gen. Mark Martins to find positive press or goodwill for his mission.
Five chief prosecutors before Martins have resigned or been ousted from their positions within eight years. There have also been five terrorists convicted, not including the two overturned on appeal.
As a leader of President Barack Obama's Interagency Policy Review Task Force in 2009, Martins helped with the third revision to the legal structure of the military commissions. His retooled military code provided access to death-penalty lawyers in capital cases, guaranteed that Guantanamo captives would be able to access federal courts, and barred the admission of coerced confessions.
Though below a federal court's standard, the legislation marked an improvement over the Military Commissions Act of 2006, which Congress hastily passed after the Supreme Court struck down the Bush administration's executive order.
For eight years, Martins' predecessors had been criticized as going after al-Qaida's smaller fish such as Osama bin Laden's driver, Salim Hamdan, and propagandist Ali al-Bahlul.
Nobody could lodge the same accusation at the brigadier general, who is seeking the execution of Khalid Sheikh Mohammed, or "KSM," the alleged "mastermind" of the attacks on the World Trade Center and the Pentagon, and four suspected co-conspirators.
Martins is also pursuing the accused U.S.S. Cole bombers in parallel proceedings expected to reconvene for December.
KSM and his alleged accomplices had tried to plead guilty once before, but ironically, it was unclear whether the military commissions code would grant the death-penalty punishment that they then requested if they did not go to trial. Proceedings languished as Attorney General Eric Holder sought removal of the case to the Southern District of New York, where such an admission would have been quickly accepted.
When political furor stood in the way of trying the men in the shadow of Ground Zero, Brig. Gen. Martins restarted the case last year back in Cuba.
Before proceedings could resume, a former chief prosecutor, retired Col. Morris Davis, jeered that the "reformed" commissions - his scare quotes - were trying to make "a silk purse out of a sow's ear of justice," in a Salon article.
This gave Gen. Martins two tasks: prosecuting the case and winning over the skeptics by keeping grueling hours, improving access to the commission proceedings and granting interview after interview with bar associations, human rights groups and journalists.