Skip to content

Category Archives: Event Coverage: Military Commissions

Chief Prosecutor Statement on Yesterday’s Arraignment in Al-Iraqi

By
Thursday, June 19, 2014 at 10:08 AM

Here it is.  The text opens: Good afternoon. Today Abd al Hadi al-Iraqi—an Iraqi national whose records indicate was born as Nashwan Abd al Razzaq in 1961 in the city of Mosul—was arraigned before a United States military commission on charges that, as a senior member of Al Qaeda, he conspired with and led others . . .
Read more »

6/18 Session #1: That Was Fast

By
Wednesday, June 18, 2014 at 2:52 PM

It’s go time at the Expeditionary Legal Complex, Courtroom Two. After some shuffling of papers and adjusting of microphones, the military judge, Navy Capt. J. Kirk Waits, calls the initial hearing to order. Civilian prosecutor Mikeal Clayton rises and ticks off various housekeeping points: the referral of charges per Guantanamo rules, the closed-circuit broadcast of the . . .
Read more »

Abd Al Hadi Al-Iraqi Arraignment

By
Wednesday, June 18, 2014 at 1:49 PM

This afternoon, Abd Al-Hadi Al-Iraqi will be arraigned before a military commission at Guantanamo. As per usual, video and audio of the pre-trial proceedings will be zapped, via closed circuit television, to Fort Meade’s Smallwood Hall; and as per usual, Lawfare will travel to Smallwood, view the broadcast and post almost-live dispatches in our “Events Coverage” section. . . .
Read more »

6/16 Session #4: Reply Argument on FBI Investigations

By
Monday, June 16, 2014 at 3:27 PM

We’ll hear reply argument now, on the defense’s filings in the AE292 series—-which arise because of past FBI interviews of defense team personnel, and which ask the court to abate the proceedings and allow discovery into possible conflicts of interest. Up first is James Connell III, lawyer for Ammar al-Baluchi, with three points. Point One: . . .
Read more »

6/16 Session #3: The Defense and Special Government Counsel on FBI Investigations of … The Defense

By
Monday, June 16, 2014 at 1:05 PM

James Connell III, Learned Counsel for Ammar Al-Baluchi, begins on a procedural note: the defense’s motion is less about wrongdoing, and more about the path forward. The court must perform an inquiry, the outcome of which will lead to conflict determinations, both by the court (for constitutional purposes) and by the defense (for ethical purposes). . . .
Read more »

6/16 Session #2: The Defense on FBI Investigations of … The Defense

By
Monday, June 16, 2014 at 11:26 AM

It’s on again.  After brief housekeeping, we quickly turn to the substance—and in particular to AE292 and 292T, pleadings jointly filed by the defense, and both asking for a wider inquiry into the government’s investigations of various defense team members and an abatement in the proceedings. In a recent order, the military judge had said . . .
Read more »

6/16 Session #1: Meet the DOJ Lawyers

By
Monday, June 16, 2014 at 9:16 AM

Our special session convenes.  The scene differs a bit from the Guantanamo norm. Defense attorneys and staff are in the courtroom, along with the five 9/11 accused.  But, and consistent with the unique nature of the proceedings, the usual complement of prosecutors is missing. Instead we see a new squad of government attorneys—each presumably belonging . . .
Read more »

5/28 Session #4: On the Motion to Reconsider the RDI Discovery Order

By
Wednesday, May 28, 2014 at 4:44 PM

We return from a recess-ette.  The parties quickly handle AE272, in which the defense asks the commission to replicate, in this case, a ruling entered in the 9/11 case.  Recall that in the latter, the FBI had conducted a security investigation, contacted a member of the defense team in connection with its inquiry, and ultimately . . .
Read more »

5/28 Session #3: Members Versus Judges; Continuing Discovery Obligations

By
Wednesday, May 28, 2014 at 2:36 PM

Action resumes at the Expeditionary Legal Complex, Courtroom Two.  Army Col. James Pohl, the military judge, calls the proceedings once more to order. The defense, in AE267B, makes a due process argument: basic fairness insists upon Al-Nashiri being permitted to choose between a trial by military commission members, or by the military judge sitting alone. . . .
Read more »

5/28 Session #2: Protective Order Rules, and Ex Parte Contacts

By
Wednesday, May 28, 2014 at 12:30 PM

In AE13N, the defense seeks relief from the case’s protective order regarding national security information—in particular, permission for defense counsel in this commission case to draw on classified evidence of Al-Nashiri’s treatment and condition, in an affidavit which they wish to file in Al-Nashiri’s pending habeas challenge in a D.C. federal court.  As written, the . . .
Read more »

5/28 Session #1: Getting the SSCI RDI Report—or Not

By
Wednesday, May 28, 2014 at 12:18 PM

It’s on—the open part of our proceedings, anyway.  Recall that court and counsel began their day already, some time earlier this morning, in a Role 505(h) session that has concluded.  The parties there debated the need (if any) to use classified material during our session, along with possible workarounds.  That having ended, the day’s publicly viewable . . .
Read more »

Statement from the Chief Prosecutor on This Week’s Hearings in Al-Nashiri

By
Tuesday, May 27, 2014 at 7:58 PM

The Chief Prosecutor at Guantanamo, Brig. Gen. Mark Martins, had this to say on the eve of a pre-trial motions hearing in United States v. Al-Nashiri–-which commences tomorrow, and which Lawfare will cover as per usual, in almost-live-blog format. The Chief Prosecutor’s remarks begin: Good afternoon. Yesterday was Memorial Day, and so I pause to honor the . . .
Read more »

4/27 Session #3: Dr. 97 and AE205

By
Tuesday, April 29, 2014 at 10:19 PM

We’ll hear next from a much-anticipated witness called by the defense: an Army psychiatrist who—as Judge Pohl rules from the bench, overruling defense objections—will testify under a pseudonym after all.  The witness, who the parties now refer to as “Dr. 97,” is sworn in.  He testifies now via video link, in connection with AE205, a defense . . .
Read more »

4/27 Session #2: Discrimination in Death

By
Monday, April 28, 2014 at 9:10 PM

We shuffle things around a bit, first by putting off AE263 temporarily.  It appears that motion, along with related litigation concerning hearsay statements offered by the prosecution, will be postponed until a later time closer to trial. That takes us to AE264, a constitutional challenge brought on the basis of equal protection principles grounded in . . .
Read more »

4/27 Motions Hearing #1: Military Jurors and Defense Investigators

By
Monday, April 28, 2014 at 4:26 PM

Our special Sunday session convenes at 9:02, with all parties present—including Al-Nashiri. The group commences with the briefest procedural discussion of AE120C, better known as the government’s request to reconsider Judge Pohl’s consequential order compelling discovery into the RDI program, and Al-Nashiri’s treatment abroad.  The prosecution doesn’t oppose a slightly longer time frame for the . . .
Read more »

4/25 Motion Hearing #3: Charge Multiplication & Jury Consultants

By
Sunday, April 27, 2014 at 8:33 AM

After CDR Lockhart lays out the parties’ agreed upon schedule for the rest of the afternoon session, the court begins with AE 244, a defense motion to dismiss numerous charges as multiplicitous of other charges. Maj. Danels starts off for the defense, explaining that the U.S.S. Cole charges of murder by perfidy, attempted murder by perfidy, caused injury . . .
Read more »

4/25 Motion Hearing #2: More Aggravators

By
Sunday, April 27, 2014 at 8:32 AM

Picking up on the end of Thursday’s session, the court will consider multiple defense motions seeking to strike the first aggravator—that the life of one or more persons other than the victim was unlawfully and substantially endangered—from various charges against Al-Nashiri. These are AE247, AE248, AE249, and AE250. Learned Counsel Kammen reminds the court that the defense’s objections, . . .
Read more »

4/25 Motion Hearing #1: Dr. M’s Brief Appearance

By
Sunday, April 27, 2014 at 8:31 AM

The morning session starts off with the calling of a pseudonymous witness, Dr. M, to testify on Al-Nashiri’s psychological diagnosis and current treatment at Guantanamo Bay. But there’s already a problem: Learned Counsel Rick Kammen, of the defense, informs Judge Pohl that the witness viewed Dr. Sondra Crosby’s testimony on Thursday. Although this witness is considered a defense witness, . . .
Read more »

4/24 Motion Hearing #4: Miscellany

By
Sunday, April 27, 2014 at 12:03 AM

The court returns from recess and quickly puts off consideration of two defense motions—AE229 and AE230—seeking to compel information from the government pertaining to the training and certifications of the medical personnel treating Al-Nashiri, as well as any changes in the Guantanamo medical polices for high-value detainees since 2006. The government indicates that Friday’s witness, the senior medical . . .
Read more »

4/24 Motion Hearing #3: Dr. Crosby’s Return

By
Saturday, April 26, 2014 at 9:53 PM

The court briefly considers AE236, a defense motion seeking clarification or creation of process by which it may appeal denials of access to two classified government servers—the Joint Worldwide Intelligence Communications System (JWICS) and the Secret Internet Protocol Router Network (SIPRNet). Maj. Hurley explains that currently the defense may only access those servers when it is deemed to . . .
Read more »