Terrorism Trials & Investigations

2/5 Al-Nashiri Hearing #2: De-Conflicting Dates

By Wells Bennett
Tuesday, February 5, 2013, 3:35 PM

We’re back, and the parties jointly request a discussion of AE56---the government’s request for oral depositions.

Regarding those, the dates the government proposed earlier are no longer feasible, for operational security reasons that prosecutor Anthony Mattivi says he cannot describe in open court.  But the government nevertheless will submit substitute dates shortly, and thus asks the court to postpone its consideration of AE56 in the meantime.    For his part, Judge Pohl will need to de-conflict his own schedule, in order to make this proposal work---but it appears that he will.  He adds that the court has responsibilities and commitments beyond the two Guantanamo capital cases.

Reyes notes outstanding objections on AE56.  When the time comes to address them, he’ll do so.  But since we’re not deciding the depositions issue now---this is about timing---he sits down again, quickly.  Then Kammen stands and notes that the parties may need to return to court this week, for reasons that are unclear---though it seems clear enough that the lawyer is concerned with al-Nashiri’s treatment, both past and present.  There’s more vague procedural chatter, about how to proceed.  Mattivi: should the defense wish to litigate more matters in court, then by all means, have at it.  All parties will be on the island for two more days.  And there are plenty of motions the prosecutors wish to address.

But it looks like we won't get to any more motions: the parties will now proceed to an 802 session, which will commence at 16:00.  That brings our proceedings---and the week's hearing--to a close.  We're in recess.

[This post was updated at 3:45]