Guantanamo: Legislation

al-Nashiri Arraignment Order

By Raffaela Wakeman
Tuesday, October 4, 2011, 4:47 PM

The arraignment order by Military Judge James L. Pohl in the case USA v. al-Nashiri is now available here, and here is the substance of it:

1. As the Chief Judge of the Military Commissions Trial Judiciary, I have detailed myself as the Military Judge in United States v Abd al-Rahim Hussayn Muhammad Abdu Al-Nashiri.

2. The arraignment in this case will be at 0900 hours on Wednesday, 26 October 2011. All counsel shall make the necessary arrangements to be present in the Expeditionary Legal Center, Courtroom 2, US Naval Station, Guantanamo Bay, Cuba, for this session.

3. All detailed counsel shall provide a signed copy of their detailing memorandum to the Military Commissions Trial Judiciary Staff NLT 1200 hours, Friday, 7 October 2011.

4. Civilian counsel with the intent to be Civilian Defense Counsel (CDC) in United States v Abd al-Rahim Hussayn Mohammed Abdu Al-Nashiri shall provide a signed and completed copy of Form 4-1, the CDC Notice of Appearance and Agreement (See Rules of Court) by email to the Military Commissions Trial Judiciary Staff NLT 1200 hours, Friday, 7 October 2011.

5. All email for the Military Judge will be sent to the Military Commissions Trial Judiciary Staff at Email will not be sent directly to the Military Judge.

a. All filings or notices shall be due to the party or Court as appropriate no later than 1200 hours on the date directed. All times are Eastern Standard Time as set out in the Rules of Court.

b. Motions, to include responses and replies, and affiliated documents, must be served on opposing counsel when filing with the Commission; a certificate of service must be attached indicating service has been completed.

6. All motions, responses and replies will be released to the public, subject to any administrative restrictions imposed by the Department of Defense, immediately upon filing unless filed under seal or classified or otherwise ordered by the Military Judge not to be released.

7. At the 26 October 2011 session, I will establish a full schedule for the litigation of this case. Prior to the session, counsel should discuss scheduling and endeavor to agree upon a schedule that works as well as possible for all parties. Counsel must take into account, inter alia, the time constraints set forth in RMC 707 and appropriate phasing of motions (e.g.: discovery; witness production; law motions; evidentiary motions).