Chief Prosecutor Statement on the Conclusion of This Week's <em> Al-Hadi</em> Hearings

Good afternoon. This week, the Military Commission convened to try the charges against Abd al Hadi al-Iraqi held its fourth series of pre-trial sessions without panel members present since he was arraigned. The charges against Abd al Hadi are only allegations. He is presumed innocent unless and until proven guilty beyond a reasonable doubt. Matters under consideration by a military commission in this or any other particular case are authoritatively dealt with by the presiding Judge, and any comments addressing systemic issues that are the subject of frequent questions by interested observers should always be understood to defer to specific judicial rulings, if applicable. During the sessions this week, the Judge heard oral argument on 3 motions (and considered one supplemental motion) and then took those matters under advisement:

• Appellate Exhibit 027, the defense motion to dismiss co-conspirator liability;
• Appellate Exhibit 026, the defense motion to dismiss, arguing the Military Commissions Act violates the equal protection component of the Due Process clause;
• Appellate Exhibit 021, the defense motion for appropriate relief to cease physical contact with female guards.

Prior to considering these matters, the Commission offered defense and trial counsel the opportunity to voir dire the Judge. Voir dire is an examination, or form of questioning, for the purpose of determining whether the Judge’s impartiality might reasonably be doubted. The Judge extended this opportunity based on a recently reported equal opportunity complaint against the Judge in relation to his interim order to enjoin female guards from touching Abd al Hadi during movements to and from attorney-client meetings and to and from court proceedings. AE 021B. After counsel concluded examination, the Judge determined that he can and will continue to preside impartially; he thus declined to disqualify himself.