Terrorism Trials: Military Commissions

Today in Al-Nashiri

By Wells Bennett
Friday, May 30, 2014, 12:10 PM

No open session today, either; only an ex parte, in camera session between the court and prosecutors.

Which is to say: this week's hearing has come to a close, so far as Lawfare's coverage is concerned. UPDATE [2:15 p.m.]: the Chief Prosecutor's remarks on the hearing can be found here.  The opening paragraphs are below.

Good afternoon. While this was a week of commission proceedings shortened by observance of Memorial Day and partially foreclosed from public attendance due to a classified session yesterday, a significant amount of work was accomplished.

This week, the Judge in United States v. Al Nashiri heard oral argument on the following matters, which he has now taken under advisement:

• Appellate Exhibit 13N, a defense motion for limited relief from Protective Order #1;

• Appellate Exhibit 120D, a government motion to reconsider AE 120C in part so the Commission may take into account declassification efforts underway at prior prosecution request, clarify the discovery standard the Commission is applying, and safeguard national security while ensuring a fair trial;

• Appellate Exhibit 266, a defense motion for disclosure of communication by U.S. government agencies and/or U.S. government officials to the Commission;

• Appellate Exhibit 267B, a defense motion to permit the Accused to elect between a commission composed of a military judge or one composed of members;

• Appellate Exhibit 270, a defense motion requesting a finding that the government’s notices in Appellate Exhibit 45 are insufficient and do not comply with Appellate Exhibit 45H; and

• Appellate Exhibit 272, a defense motion for an inquiry into whether a conflict of interest in counsel’s representation of the Accused exists.