Terrorism Trials: Military Commissions

2/12 Hearing #3: On Documents, Recently Received

By Wells Bennett
Tuesday, February 12, 2013, 11:51 AM

David Nevin stands and says he recently received some documents--evidently copies of emails--regarding CAPT Welsh, our next witness, and his intended testimony on AE133.  The lawyer wants to read these before examining Welsh, and prosecutors don’t object to a brief recess so that Nevin can do so.

Judge Pohl doesn’t understand: why is Nevin only receiving the Welsh emails now?  On behalf of the government, Clay Trivett explains that his side's discovery burden has been serious, and that the materials had to be reviewed and redacted before production to the defense---thus the turnaround today.  Trivett adds that there won’t be a similar problem with respect to COL Bogdan.  But the prosecutor also is careful not to take total ownership of the discovery delay.  We cannot turn any classified discovery over until defense counsel sign the protective order’s memorandum of understanding.  But they haven’t yet.

Nevin and Bormann add two cents.  The latter insists that, Trivett’s claims notwithstanding, her motions regarding written attorney-client communications don’t implicate classified material at all.  But that strikes Judge Pohl as the mail issue, which is set for discussion later; we’re interested now in monitoring.

In any case, Nevin will get his recess.  It will last until 13:00.