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Category Archives: Event Coverage: Military Commissions: 9/11 Case

4/17 Session #1: A Special Trial Counsel, and a Pause

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Thursday, April 17, 2014 at 10:14 AM

We’re back in session.  The military judge, Army Col. James L. Pohl, calls proceedings to order.  Of the five 9/11 accused, there are two absentees: Walid Bin Attash and Mustafa Al-Hawsawi.  That prompts a voluntariness discussion, which proceeds according to the expected script. First on our substantive agenda, and all of that agenda, really: the . . .
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4/15 Motions Session #3: What Sorts of Evidence, Part Two (And a Recess)

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Tuesday, April 15, 2014 at 11:26 AM

Break being over, Cheryl Bormann picks up her thread: the conflict between absurdly strict secrecy controls and her own obligations to her client. Bin Attash is angry these days, she says, because he must (among other things) needlessly wait for counsel to return pieces that Bin Attash himself has written to him, pending security scrubs. . . .
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4/15 Motions Session #2: What Sorts of Evidence, Part One

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Tuesday, April 15, 2014 at 11:18 AM

Our recess concludes; the action resumes. KSM lawyer David Nevin begins the defense’s remarks on possible evidence it might offer to support of AE292—a motion alleging inappropriate FBI contacts with a defense security officer (“DSO”) assigned to Ramzi Binalshibh’s team, and seeking an abatement of procedings.  (By way of reminder, the FBI inquiry apparently arose . . .
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4/15 Motions Session #1: Housekeeping, and FBI Things

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Tuesday, April 15, 2014 at 9:24 AM

It’s Tuesday, 9:12 a.m., when our Fort Meade screen comes to life: down at Guantanamo, the military judge, Army Col. James L. Pohl, calls proceedings to order. Who’s here? Khalid Sheikh Mohammed and Ramzi Binalshibh only, of the five accused.  This means a voluntariness colloquy. As per usual, the government calls a pseudonymous witness, a . . .
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4/14 Motions Hearing #1: Ex Parte Hearings, FBI Investigations, and a Recess

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Monday, April 14, 2014 at 10:03 AM

It’s game time, y’all. The military judge, Army Col. James Pohl, ascends the bench and resumes pretrial proceedings in the 9/11 case.  All five accused are present, along with their lawyers and a few other folks. We begin with the advice of rights regarding presence at a pre-trial session—and the possible consequences that might follow . . .
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12/19 Motions Session #1: Bin Al Shibh’s Capacity, and a Quick End to the Hearing

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Thursday, December 19, 2013 at 9:34 AM

The military judge ascends the bench at Guantanamo; our proceedings resume, with Walid Bin Attash and Mustafa Al-Hawsawi having absented themselves.  Did they do so voluntarily?  Yes, according to the prosecution’s witness, a JTF GTMO officer again testifying under a pseudonym. Ramzi Bin Al Shibh is one of three detainees in the courtroom.  A question . . .
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9/11 Case Motions Hearing: 12/19 Session

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Thursday, December 19, 2013 at 9:00 AM

It’s Thursday here at Fort Meade’s little CCTV hovel—from which a skeleton crew will observe, remotely and in nearly real time, pre-trial motions proceedings in the 9/11 case. Look for dispatches throughout the day in our “Events Coverage” section, with links below. 12/19 Motions Session #1: Bin Al Shibh’s Capacity, and a Quick End to . . .
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12/18 Motions Session #4: Wrapping Up Defense Argument on AE008

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Wednesday, December 18, 2013 at 4:50 PM

We’re back.  What’s next? We learn after some ever brief additional input from Bogucki, regarding his emergency filings on Bin Al Shibh’s behalf; and some comments from Bormann, regarding the “Privilege Review Team.”  The latter, according to her, has refused to review certain markings on made by Bormann on classification grounds.  (The markings concerned remarks . . .
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12/18 Motions Session #3: More Meetings, More of the Time

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Wednesday, December 18, 2013 at 3:39 PM

The curtain is raised once more. Applause surges rapidly at the Smallwood CCTV hovel and then dies down just as rapidly, as lunch comes to an end.  Counsel is Mustafa Al-Hawsawi’s lawyer, Walter Ruiz.  His witness is Col. John Bogdan. The two talk about Walid Bin Attash’s motion, which alleges that JTF policies unreasonably prevent . . .
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12/18 Motions Session #2: More on Meetings

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Wednesday, December 18, 2013 at 11:58 AM

Bormann and Bogdan resume their discussion of procedures governing attorney-detainee meetings.  The former has challenged them; the latter defends them. The witness generally limits visitors to five total, for safety reasons, but allows larger-group meetings from time to time. It’s a surprise for Bormann, whose visit request this past Sunday—on behalf of six defense members—was . . .
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12/18 Motions Session #1: Meetings

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Wednesday, December 18, 2013 at 10:57 AM

Game on.  The parties are seated as Army Col. James L. Pohl, the military judge, ascends the bench.  Four accused are here but one is not: Ammar al-Baluchi.  That means a voluntariness colloquy, and ultimately, a judicial finding that the detainee knowingly chose to skip out today. We begin with the defense’s effort to compel . . .
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12/17 Motions Session #6: AE008 II

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Tuesday, December 17, 2013 at 5:28 PM

It’s 3:34 p.m. when the gong sounds in the Expeditionary Legal Complex, Courtroom Two.  Its brassy (though of course imaginary) note signals official resumption of the afternoon’s fun, and further legal argument from Walter Ruiz on AE008—the defense’s motion to dismiss for defective referral. Al-Hawsawi’s now-civilian lawyer takes on the prosecution’s core legal critique of . . .
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12/17 Motions Session #5: AE008

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Tuesday, December 17, 2013 at 3:32 PM

The stage is set for a key defense challenge, AE008.  After a year and a half, its time to debate this enduring docket item. Doing that will be a job for Walter Ruiz, one of Al-Hawsawi’s attorneys. The task: to explain why the pre-referral phase pervasively deprived the defense of any ability to uncover and . . .
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12/17 Motions Session #4: Bin Al Shibh, Re-Booted

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Tuesday, December 17, 2013 at 1:47 PM

We’ve returned from a lunch recess.  So has Ramzi Bin Al-Shibh, along with his four co-accused, lawyers for both sides, and the military judge. Tension hangs in the air as the court attempts to question Bin Al Shibh once more, about whether he comprehends the right to be present, and the consequences that might accompany . . .
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12/17 Motions Session #3: On Reconsideration

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Tuesday, December 17, 2013 at 1:08 PM

46C is on deck now—at least so far as it relates to the might-get-argued-might-not AE008. In it, Cheryl Bormann asks the court to revisit a related and earlier decision not to compel discovery.  She desires to know more about the role played by the then-Convening Authority’s legal advisors, Mssrs. Breslin and Chapman, in devising legal . . .
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12/17 Motions Session #2: In Which Bin Al Shibh Is Removed

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Tuesday, December 17, 2013 at 12:35 PM

Will Bin Al Shibh be staying or going? Staying, evidently, while also objecting.  Their recess chat having concluded, Bin Al Shibh’s lawyer, CDR Kevin Bogucki, says that his client feels strongly about his mistreatment, and wants it redressed now.  The detainee has “cut back on his calories,” in protest, Bogucki adds.  But all this amounts . . .
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12/17 Motions Session #1: Sounds and Vibrations Redux

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Tuesday, December 17, 2013 at 9:37 AM

It’s go time down at Guantanamo. Per the court’s usual practice, all five accused are present for this first day of open proceedings, along with their lawyers—and, it appears, some new ones.  Capt. Todd Swenson has been detailed to serve as lawyer for Walid Bin Attash.  Lt. Col. Sean Gleason likewise has joined Mustafa Al-Hawsawi’s . . .
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10/25 Motions Session #7: Force Feeding Matters

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Friday, October 25, 2013 at 4:14 PM

Odds and ends are batted around, as some motions are deemed moot, and others are put off until the case’s December sitting.  The whittling down takes us eventually to AE158, and to Ruiz’s bid to prevent force-feeding of his client, Mustafa Al-Hawsawi. The medical community has roundly condemned force-feeding, says the lawyer.  When asked, Ruiz . . .
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10/25 Motions Session #6: When to Talk About When the Case Will Go to Trial

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Friday, October 25, 2013 at 3:56 PM

Next is AE175.  It is perhaps the prosecution’s most hotly anticipated item, and for good reason.  The motion asks the military judge to enter the prosecution’s proposed trial scheduling order.  Among other things, the filing seeks a trial date in September 2014. “A schedule,” says the Chief Prosecutor Mark Martins, can help us all get . . .
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10/25 Motions Session #5: On the Raising of Al-Qaeda Cash

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Friday, October 25, 2013 at 2:19 PM

We’re back from lunch.  How shall we proceed? The Chief Prosecutor, Brig. Gen. Mark Martins, proposes beginning with a motion to compel, AE167, before moving on to, among other things, argument on AE120.  Defense lawyer J. Connell III sees a better path, apparently; he observes that a Rule 505 conference would, if held, allow the . . .
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