Armed Conflict Criminal Justice & the Rule of Law Terrorism & Extremism

6/21 Motions Session #1: Did Al-Baluchi's Dentist Just Call a Recess?

Wells Bennett
Friday, June 21, 2013, 9:37 AM
The commission is called to order.  The accused are with us here, save two: Mustafa Al-Hawsawi and Ammar Al-Baluchi.  Did the latter two men waive, knowingly and voluntarily, their rights to attend? After a quick technical recess---there’s some muckup down at GTMO---we return, and our customary witness tells prosecutor Robert Swann that they did. Hold on a moment: there is some questioning from J. Connell, who asks whether his client might have absented himself for medical reasons.   He might have had some sort of toothache or tooth pain, the witness surmises.

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The commission is called to order.  The accused are with us here, save two: Mustafa Al-Hawsawi and Ammar Al-Baluchi.  Did the latter two men waive, knowingly and voluntarily, their rights to attend? After a quick technical recess---there’s some muckup down at GTMO---we return, and our customary witness tells prosecutor Robert Swann that they did. Hold on a moment: there is some questioning from J. Connell, who asks whether his client might have absented himself for medical reasons.   He might have had some sort of toothache or tooth pain, the witness surmises.  Oddly, the lawyer tells the military judge that he doesn’t in fact claim an involuntary waiver here.  That nevertheless confuses the court, enough to prompt him, once more, to call a recess. In the meantime, JTF staff is commanded to return to Al-Baluchi, and to make double-sure that his absence is a matter of molars and cuspids, and not impingement on his presence rights.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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