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The commission is called to order after a brief recess, and all accused are present.
On behalf of Mustafa Al-Hawsawi, CDR Walter Ruiz reminds the court about his request to review an unredacted version of FBI Agent Fitzgerald’s notes from his interrogation of Al-Hawsawi. We’ll get to that issue, the court says, after hearing from the next language proficiency witness: Special Agent Steven MacLean of the Army’s Criminal Investigation Command. Chief Prosecutor Gen. Mark Martins delivers the oath, then Ruiz questions MacLean.
Ruiz goes through the witness’s employment history: prior to his current post, MacLean was with the Air Force’s Office of Special Investigations. During his assignment at GTMO, MacLean was tasked with attending the interrogation of Mustafa Al-Hawsawi, Ruiz's client. The witness has interrogated native Arabic speakers, approximately a dozen times prior. And MacLean always asks whether an interviewee would like the assistance of a translator----though he did not decide whether Al-Hawsawi’s questioning would require translation. That was a matter for Special Agent Fitzgerald, who was the primary agent during the interrogation. MacLean tells Ruiz instead that he was there only to “assist,” meaning that he sat and listened to the conversation. MacLean also reviewed Fitzgerald’s notes, which comprised less than ten pages of copy, and to his knowledge, were not classified, although he did review them in a SCIF. Through questions put to the witness, Ruiz confirms that his client wasn’t Mirandized, or advised of his right to counsel---but, MacLean answers, Agent Fitzgerald did tell Al-Hawsawi that he was suspected of criminal conduct. Still, MacLean acknowledges, the group did not inform Al-Hawsawi of the specific allegations against him.
That’s it for Ruiz. Prosecutor Edward Ryan then rises, and reviews MacLean‘s language-relevant credentials once more. Ryan asks for the witness’s assessment of Al-Hawsawi’s English-language-capability: he fully understood and answered the questions thoroughly. Simple enough.CDR Ruiz attempts to ask a final question of the witness, which is overruled by the judge. Judge Pohl, though, has some questions for Ed Ryan regarding the status of Special Agent Fitzgerald’s notes---they were only de-classified after being redacted. Up next, the protective order's memorandum of understanding.