Latest in Case Coverage: 9/11 Case
Last week, the military commission in United States v. Khalid Sheikh Mohammed et al.—relating to five individuals suspected of being involved in the 9/11 terrorist attacks—reconvened for pretrial proceedings after a month-long hiatus. The commission met in open session on Dec.
Military judge James Pohl, the government, and the Walid Bin’Attash, Ramzi Binalshibh, Ali al-Bahlul, Khalid Sheikh Mohammad, and Mustafa al-Hawsawi defense teams returned to continue plowing through discovery motions last week. During two days of nonclassified argumentation, the defendants in U.S. v Khalid Sheikh Mohammed et al. argued that the government has delayed, denied, and/or destroyed discovery documents.
Brig. Gen. Mark Martins, the chief prosecutor at the military commissions, released the following statement on Saturday on the occasion of this week's military commission hearings in the trial of those accused of plotting the September 11 attacks: Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed Adam al Hawsawi.
The U.S. Court of Appeals for the D.C. Circuit has issued a writ of mandamus in the 9/11 case, directing that Judge Scott Silliman of the U.S. Court of Military Commission Review (CMCR) recuse himself from the case and vacating the CMCR's decision reinstating two charges against the 9/11 defendants that had previously been dismissed by the lower court. The opinion is available in full below.
The Military Commissions were busy last week in the case against Khalid Sheikh Mohammed, Walid bin Attash, Ramzi bin al-Shibh, Ammar al-Baluchi, and Mustafa Ahmad al Hawsawi. In summarizing what happened, we’re experimenting with a new format. Below is a rundown of the substantive issues addressed in last week’s open sessions (Monday, Tuesday, and Friday). Hearings on Wednesday and Thursday involved classified material, and were therefore closed.
Procedural Housekeeping
Military Commissions Chief Prosecutor Brigadier General Mark Martins gave the following remarks this Saturday on the occasion of military commissions hearings resuming this week in the 9/11 case.
Military judge Army Colonel James Pohl calls the commission to order, and takes roll, noting that Khalid Sheikh Mohammed and Mustafa al Hawsawi are absent but all other defendants are present.
Prosecutor Army Colonel Robert Swann jumps to it, continuing his direct examination of an anonymous U.S. army captain from yesterday. Swann asks him whether KSM and Hawsawi were advised of their rights to attend, and the captain confirms.
On Friday, March 24th, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings completed over the past week in the 9/11 case. His statement is also available here.
Military judge Army Colonel James Pohl calls the commission to order at 8:59 AM, noting that none of the five detainees have chosen to attend this morning’s session. Prosecution team member Robert Swann calls an unnamed U.S. Army Captain to testify to the procedures by which the detainees waived their rights to be present, and Judge Pohl enters a finding that the absences both today and yesterday were knowing and voluntary.
We kick today’s session off as usual with attendance. Defendants Walid Bin’Attash, Mustafa al Hawsawi, and Khalid Shaikh Mohammad have all waived their right to be present at today’s sessions; only Ramzi Binalshibh and Ammar al Baluchi chose to attend.