Latest in Case Coverage: 9/11 Case

Case Coverage: 9/11 Case

This Week at the Military Commissions, 10/14 Session: Joint Defense Agreement? What Joint Defense Agreement?

After a closed hearing on Thursday for a 505H session, Judge Pohl reconvenes the court in open session at 9:03am on Friday. The judge notes that all defendants are in attendance except for Mustafa alHawsawi (who is preparing to undergo surgery to fix a prolapsed rectum from his torture while in CIA custody) and polls defense counsel to check for changes in the representation (there are none). Chief Prosecutor Mark Martins then calls an Assistant Staff Judge Advocate to the stand who testifies that Hawsawi voluntarily chose to remain behind and to waive his right to attend.

Case Coverage: Military Commissions

This Week at the Military Commissions, 10/12 Session: “An Anomaly in the Law”

Wednesday’s session opens up with Jim Harrington, counsel for Ramzi Binalshibh arguing in favor of 152JJJ, a request for testimonial immunity for Abu Zubaydah in connection with Binalshibh’s motion to hold the guards in contempt for poor camp conditions. Harrington recites the criteria for granting testimonial immunity: that the witness intends to invoke a right to refuse to answer a question, that the government would receive a tactical advantage from denying or objecting to immunity, and that the testimony pertains to otherwise unobtainable evidence.

Case Coverage: 9/11 Case

This Week at the Military Commissions, 10/11 Session: Post-Hurricane Matthew Edition

We’re back at Guantanamo Bay for another round of pretrial hearings in the 9/11 case—one day later later than scheduled, thanks to Hurricane Matthew. But as of Tuesday, October 11th, personnel have returned to the base, the lights are on, and the court is back in session.

Case Coverage: 9/11 Case

7/26 Session: Rampant Unlawful Influence, with a Brief Detour to the Confrontation Clause

Judge Pohl calls the session to order. Optimism for a productive day is in the air. We’ll get through at least four motions today, and are on track to finish up the open sessions and get into this week’s 806-closed session ahead of schedule.

Case Coverage: 9/11 Case

Statement from Military Commissions Chief Prosecutor Mark Martins

Military Commissions Chief Prosecutor Mark Martins released the following remarks yesterday at Guantanamo Bay preceding pre-trial hearings in Khalid Sheikh Mohammad et al. The hearings today and yesterday have been closed, but stay tuned for Lawfare's coverage of the 7/26 and 7/27 hearings.

Case Coverage: 9/11 Case

7/21 Session: A “Despicable” and “Perverse” Motion for Recusal, and a Possibly Toxic Courtroom

Thursday’s open session of the trial of five men accused of plotting 9/11 begins with a testy exchange between Judge Pohl and and one of the accused, Walid Bin Attash, who refuses several instructions to remain quiet and seated.

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