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

8/14 Session #2: On Severing Al-Hawsawi

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Friday, August 15, 2014 at 7:49 PM

With no more conflict motions for today, the Special Review Team swaps out and the normal prosecutors come back. The court begins with AE 299, a motion by Mustafa al-Hawsawi’s defense team seeking to sever his case from the rest of the accused so that his case can proceed while the others deal with the many conflict issues. CDR . . .
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8/14 Session #1: Conflicts, Conflicts Everywhere

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Friday, August 15, 2014 at 11:26 AM

After agreeing Wednesday to reconsider the severance of Ramzi Binalshibh from the other four accused in the 9/11 case, Judge Pohl reconvenes the commission on Thursday with a full house—all five accused, their defense teams, and the Special Review Team on behalf of the government. The usual prosecution team is recused from the morning’s proceedings so the . . .
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8/13 Session: Severance, Re-Reconsidered

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Thursday, August 14, 2014 at 12:43 PM

Army Col. James Pohl starts Wednesday’s brief session begins with a summary of where things stand in the case of United States v. Binalshibh: On Monday, the prosecution presented argument on its motion for reconsideration of the court-ordered severance of Binalshibh from the other four accused in the 9/11 case, with an oral response from the defense before filing its opposition. Today, the defense . . .
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6/16 Session #4: Reply Argument on FBI Investigations

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

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

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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 . . .
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6/16 Session #1: Meet the DOJ Lawyers

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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 . . .
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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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