Our proceedings resume, and all wonder: do the machines work? They may soon, as the commission gives the technical folks until 1300 to resolve any outstanding issues. We’ll thus work on some other odds and ends, between now and lunch.… Read more »
Category Archives: Event Coverage: Military Commissions: Al Nashiri Case
Addressing the witness, prosecutor Edward Ryan proposes to keep things simple.
Is there an actual law that created these commissions? Yes, the MCA 2009, as implemented in the Military Commissions Manual. But none of these authorities required you to appoint … Read more »
Recess is done. Does Richard Kammen want to be heard further on monitoring? You bet he does.
What we’ve seen here is “plausible deniability,” Kammen says. Nobody ever tells anybody what’s going on: everyone forgets to, Welsh, Bogdan’s subordinates, and … Read more »
The second of our two monitoring witnesses is Army Col. John Bogdan. He’s the joint detention group commander at GTMO. And, like Welsh’s testimony, his remarks will inform the resolution of AE149, the defense’s motion to determine the extent of … Read more »
The commission is once more called to order. Witness testimony on AE149C, and monitoring, beckons—in particular, testimony by Navy CAPT Thomas Welsh. He’s the Staff Judge Advocate for JTF-GTMO, and sworn before Kammen begins his examination. The defense lawyer asks … Read more »
AE114 is next. It involves RMC 703(c), and commission procedures for the production of witnesses. Do these violate the Military Commissions Act, and Al-Nashiri’s constitutional and statutory due process rights? Jackson thinks so.
The violation has its roots in a … Read more »
The hearing resumes, with all parties present including the accused.
Capt. Daphne Jackson, one of Al-Nashiri’s defense attorneys, stands in support of AE49C. This motion renews an effort to have a terrorism charge dismissed—the theory being that terrorism isn’t an … Read more »
We resume with reply argument on AE48C. It comes from Maj Danels, who says the motion is very simple: it asks only for the court to dismiss the charge of conspiracy, period. The prosecution, on the other hand, wants to … Read more »
We return, refreshed, from a longer-than-expected lunch break.
An announcement from the military judge: Al-Nashiri has decided to remain in his holding cell this afternoon, and view proceedings via CCTV from there. There’s no translation of the courtroom proceedings in … Read more »
Our first argued motion is AE142, a defense bid to prevent Al-Nashiri from being from removed from the courtroom during a closed session. Rising in support of it is Maj Allison Danels, who notes the commission’s past rulings. Those recognized … Read more »
At 9:05, the military judge takes the bench. The mic is affixed. “Is this on?” Yes, it is.
All parties are present, including the accused—whose attendance moots the need for any voluntariness discussion.
First to the podium is Richard Kammen, … Read more »
Since we’re already talking about the subject, the defense dives right into AE141, its motion on the Prudential Search Requests (PSR) process employed by prosecutors. Al-Nashiri’s newest defense counsel, Capt. Daphne Jackson, doubts the PSR mechanism—or at least suspects that … Read more »
Before the podium stands Richard Kammen, Al-Nashiri’s lead lawyer. His chosen subject is AE143, a defense motion to compel discovery of exculpatory information the government previously furnished to Al-Nashiri’s habeas counsel. He reviews, briefly, the habeas petition brought by the … Read more »
In AE109, Al-Nashiri’s lawyers ask Judge Pohl to take judicial notice that the Sixth Amendment’s Confrontation Clause applies to military commissions.
As a general matter, says Kammen, the rule is that hearsay cannot be admitted in an everyday criminal case. … Read more »
Lunch recess comes to a close and the commission is again called to order. Before moving to our next docket item, Kammen identifies his pending expert requests. Then he registers another complaint about attorney-client meetings: another of the defense’s lawyers … Read more »
Defense lawyer Richard Kammen speaks about AE27L—a motion to enforce compliance with a commission order, so far as concerns spiral notebooks, eyeglasses, writing utensils, eyeglasses and similar items used by Al-Nashiri’s lawyers during meetings with him. (The court had addressed … Read more »
Aaaaaand we’re back. AE149 is up next. It’s a motion to compel, regarding witnesses to certain alleged monitoring—specifically, electronic monitoring of attorney-client meetings at Echo II, where detainees meet with their lawyers. The court parses. There are three aspects to … Read more »