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

8/22 Motions Session #6: Recess is Over and … Let’s Recess

Raffaela Wakeman, Wells Bennett
Thursday, August 22, 2013, 2:29 PM

The lunch hour extended a few minutes---here it is 2:15 and all, a step beyond our appointed time of 2:00---the judge reconvenes the military commission.

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The lunch hour extended a few minutes---here it is 2:15 and all, a step beyond our appointed time of 2:00---the judge reconvenes the military commission.

David Nevin disputes Trivett’s account of the defense’s access to information, so far as it concerned courtroom monitoring technology.  Precedent is on his side, he says; they recall that earlier, JTF denied the existence of any monitoring capability, across the board.  But lo, Nevin and crew later discovered such capability indeed had existed all the while.  Having that in mind, the defense presses on with discovery into audio issues.  Nevin thus reaffirms Connell’s arguments from before lunch, regarding the need to inquire further into schematics, button-pushers, and so on.

Up pops Ruiz with a different issue: he needs a moment to speak further with his client, who isn’t back at camp but instead somewhere nearby.  Can he have a quick recess to wrap up a conversation---presumably waiver-related---with al-Hawsawi?  A visibly angry judge will grant that request, though he also sharply chides counsel.  The latter, Judge Pohl says, are supposed keep the court advised as to presence matters.  And he simply won’t abide excessive, repeated delays, or counsel and accused popping in and out of court willy-nilly.  The lawyer pivots, insisting that he wasn’t aware of al-Hawsawi’s volte face.

We’ll be back in fifteen minutes.

Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT. Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.
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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