Skip to content

Tag Archives: Khalid Sheikh Mohammed

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

By
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 . . .
Read more »

The Motion that Provoked the Access-to-KSM Order

By
Tuesday, February 25, 2014 at 5:25 AM

For those interested in that order the other day by Judge Lewis Kaplan’s giving defendant Sulaiman Abu Gayth access to KSM, here’s the motion that led to it.

Defendant Access to KSM Ordered

By
Friday, February 21, 2014 at 9:52 AM

U.S. District Judge Lewis Kaplan in New York has granted attorneys for terrorism defendant Sulaiman Abu Gayth access, under controlled circumstances, to one Khalid Sheikh Mohammed—to whom they will get to submit written questions. Get yer copy of the order here.

Asra Nomani on KSM and the Murder of Daniel Pearl

By
Thursday, January 23, 2014 at 3:35 PM

Washingtonian has this remarkable piece by Asra Nomani, journalist and dear friend to The Wall Street Journal’s Daniel Pearl.  As is well known, Pearl was kidnapped in Pakistan in 2002 and gruesomely beheaded.  Khalid Sheikh Mohammed later boasted to U.S. personnel at Guantanamo that he had committed the killing—a claim that, as Nomani explains, was corroborated by . . .
Read more »

KSM’s “Statement to the Crusaders of the Military Commissions at Guantanamo”

By
Tuesday, January 14, 2014 at 4:52 PM

According to a Huffington Post story this afternoon,  accused 9/11 mastermind Khalid Sheikh Mohammed has penned a thirty-six page “Statement to the Crusaders of the Military Commissions at Guantanamo.” I have only thumbed through the document, which is apparently the first in a three-part series.  This one is entitled “Invitation to Happiness;” KSM apparently has yet to complete work . . .
Read more »

On The Timing of a Trial in the 9/11 Case

By
Monday, October 28, 2013 at 2:56 PM

We’re a long ways way off from a trial in United States v. Mohammed et. al.   That’s the essence of my Security States piece, which went up today.  It begins: So when will the 9/11 case go to trial, anyway? I have observed the Guantanamo proceedings for a while now, and hear the question a lot—from supporters and critics . . .
Read more »

10/25 Motions Session #4: Photos and 802 Conferences

By
Friday, October 25, 2013 at 1:04 PM

Many different motions get batted around during the pre-lunch period, but only two take up substantial argument time.  (The remainder—among other things, AE120, regarding the prosecution’s proposed changes to the charge sheet, and a discovery motion regarding the interactions of the government with the makers of Zero Dark Thirty—are either deferred until December, or will . . .
Read more »

10/25 Session #3: KSM’s ThinkPad

By
Friday, October 25, 2013 at 12:33 PM

In our next item, AE149, the defense seeks the return of computer hard drives and DVDs.  These contain information—discovery and materials KSM and company prepared themselves— generated during the old days, when the government furnished the 9/11 detainees with laptops.  The court notes that the accused were pro se at the time, during the case’s first go-round . . .
Read more »

10/25 Motions Session #1: Discovery Channel

By
Friday, October 25, 2013 at 10:00 AM

Sox and Cards gear donned, game faces on, the parties and military judge reconvene.  Lo and behold, four of the five accused are in the courtroom, the sole absentee being Mustafa Al-Hawsawi.  He is so lawfully, having knowingly and voluntarily waived his right to be present, according to prosecution witness CDR George Massucco, Staff Judge . . .
Read more »

10/24 Motions Session #3: More Massucco

By
Thursday, October 24, 2013 at 2:56 PM

Lunch is done.  The buffet and fixin’s are put aside here at Smallwood, as attention returns to the CCTV screen, and CDR George Massucco once more in the witness stand. Prosecutor Jeffrey Groharing questions Massucco.  Generally, have attorneys been able to send privileged materials to detainees?  Yes, he says, by presenting materials to the privilege . . .
Read more »

An Explainer on Hamdan II, Al-Bahlul, and the Jurisdiction of the Guantánamo Military Commissions

By
Friday, April 26, 2013 at 10:30 AM

As Wells noted on Tuesday, the D.C. Circuit granted the government’s petition for rehearing en banc in Al-Bahlul v. United States. This is a very important development, as the full appeals court will now determine whether military commissions may try defendants for pre-2006 instances of “standalone” conspiracy and providing material support for terrorism. Al-Bahlul has . . .
Read more »

Defense Seeks a Temporary Pause in the 9/11 Case

By
Thursday, April 11, 2013 at 2:02 PM

The lawyers’ reason is twofold, apparently: first, a possible lapse in the security of computer networks operated by military commission defense counsel; and second, the disclosure of privileged defense emails to prosecutors by court security personnel.  James Connell III, an attorney for 9/11 accused Ammar al-Baluchi, explained the pause request in a statement released earlier today.   Note that in the statement’s final paragraph, he attributes the continuance order in Al-Nasihiri to similar defense fears, in . . .
Read more »

Should Abu Ghaith Have Been Sent to GTMO? Senators Ayotte and Graham (Still) Think So

By
Friday, March 15, 2013 at 2:36 PM

Wednesday on the Senate floor, three senators spoke about the Obama administration’s decision to prosecute, in a federal court, Osama bin Laden’s son-in-law and Al Qaeda spokesman Sulaiman Abu Ghaith. Republican Senators Kelly Ayotte and Lindsey Graham unsurprisingly opposed this approach, and argued instead that Abu Ghaith should have been sent to GTMO for interrogation, . . .
Read more »

What the Convening Authority’s Decision Means: Withdrawal Is off the Table, but Dismissal Is Still an Option

By
Friday, January 18, 2013 at 5:23 PM

As Wells noted, the Guantánamo Military Commission Convening Authority has declined to adopt Chief Prosecutor Brig. Gen. Mark Martins’s recommendation to withdraw the conspiracy charges against Khalid Sheikh Mohammed and the other 9/11 defendants. Withdrawal, which can be done for any reason and at any time prior to trial findings being announced, would normally lead . . .
Read more »

Charging Decisions After Hamdan II and Al-Bahlul: Al-Nashiri Seeks to Dismiss Conspiracy and Terrorism Charges

By
Monday, January 14, 2013 at 8:40 PM

Reported on Friday by the Miami Herald’s Carol Rosenberg: defense attorneys in United States v. Al-Nashiri filed a renewed motion to dismiss the conspiracy charge against their client.  At the same time, the lawyers reactivated an earlier request to throw out a terrorism charge from the capital commission case, one of two ongoing at Guantanamo. The . . .
Read more »

The Lawfare Podcast Episode #23: Brig. Gen. Mark Martins on His Decision to Drop Standalone Conspiracy Charges Against 9/11 Defendants

By
Thursday, January 10, 2013 at 1:48 PM

In this special episode of the Lawfare Podcast, Military Commission Chief Prosecutor Brigadier General Mark Martins discusses his decision to recommend dropping conspiracy charges against Khalid Sheikh Mohammed and the other 9/11 defendants. Martins announced yesterday that in light of the Hamdan II decision—in which the D.C. Circuit held that material support for terrorism is not . . .
Read more »

Recent Orders in the 9/11 Case

By
Wednesday, December 12, 2012 at 2:44 PM

Done with security review: four recent orders from the military judge, James Pohl, in United States v. Mohammed et al.    The first, AE60A, rejects a defense bid to uncover more information about Judge Pohl’s detailing of himself to the 9/11 case.  Among other things, the defense had inquired about the workloads and qualifications of . . .
Read more »

Hard Issues Raised by Jeh Johnson’s Speech

By
Saturday, December 1, 2012 at 9:36 AM

I agree entirely with Ken that DOD General Counsel Jeh Johnson’s speech on the end-of-conflict with al Qaeda “makes a serious attempt to grapple with the conditions defining the endgame” and is “a significant articulation of the US government’s view of law and policy on counterterrorism.”  Here is the most important passage in the speech: “on . . .
Read more »

Jeh Johnson Speech at the Oxford Union

By
Friday, November 30, 2012 at 12:01 PM

At this hour, Pentagon General Counsel Jeh Johnson is giving the following speech at the Oxford Union in England: “The Conflict Against Al Qaeda and its Affiliates: How Will It End?” Jeh Charles Johnson General Counsel of the U.S. Department of Defense at the Oxford Union, Oxford University[1] November 30, 2012 Thank you for inviting . . .
Read more »

The Senate NDAA Bill – No Restriction on GTMO Transfers to U.S.?

By
Wednesday, November 28, 2012 at 6:44 PM

Apropos of the amendment proposed by Senator Feinstein and others, and tonight’s NDAA discussion in the Senate, here’s a quick review of S. 3254, the NDAA 2013 bill that the Senate Armed Services Committee unanimously approved earlier this year. The bill’s “Counterterrorism” subtitle contains only one provision, Section 1031.  This preserves two GTMO-relevant restrictions from the NDAA . . .
Read more »