Terrorism Trials: Military Commissions

Reminder: Hearings in Al-Nashiri Tomorrow

By Wells Bennett
Sunday, February 3, 2013, 3:30 PM

A reminder, Lawfare fans: our military commissions coverage continues at 9:00 a.m. tomorrow, as hearings resume in United States v. al-Nashiri.  The docketing order for this week's four-day session can be found here.

On that list are, among other things, defense requests: for the court to take judicial notice that the U.S. Constitution governs the proceedings (AE109); to compel discovery of RDI information in the possession of foreign governments (AE120); and to compel discovery of information in the possession of New York federal prosecutors, and "demonstrating the guilt" of Fahd al Quso and Jamal al-Badawi of offenses with which al-Nashiri has been charged (AE144).

The latter motion has an interesting backstory.  Al-Quso and al-Badawi were indicted in the Southern District of New York but never extradited.  Nevertheless, a Yemeni court convicted the pair---and al-Nashiri, too, in absentia---of participating in the Cole attack and sentenced both men to death.  But al-Badawi escaped custody, and still ranks among the FBI's most wanted; the Yemeni government released al-Quso, who was killed in a 2012 U.S. drone strike.

Also on this week's al-Nashiri docket: the prosecution wants the commission to order al-Nashiri's attendance, so that the court can discuss with him whether, in fact, two past absences from court sessions were knowing and voluntary (AE99D).

Same Bat-Time, same Bat-Channel, y'all.  Until tomorrow.