Chief Prosecutor Statement on This Week's Hearing in Al-Nashiri

Wells Bennett
Monday, April 21, 2014, 6:47 PM
Here it is.  The remarks, by Chief Prosecutor Brig. Gen. Mark Martins, open thusly:
Good evening.

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Here it is.  The remarks, by Chief Prosecutor Brig. Gen. Mark Martins, open thusly:
Good evening. Abd Al Rahim Hussayn Muhammad Al Nashiri stands charged with serious violations of the law of war for his alleged role in attacking the United States warship USS Cole (DDG 67) and the French vessel MV Limburg and in attempting to attack the United States warship USS The Sullivans (DDG 68).
I emphasize that the charges are only allegations. Mr. Al Nashiri is presumed innocent unless and until proven guilty beyond a reasonable doubt. This is what the law requires, and this is what all who have responsibilities within this process must ensure. I also emphasize that matters under consideration by a military commission in this or any other particular case are authoritatively dealt with by the presiding judge and that any comments below addressing systemic issues that are the subject of frequent questions by observers should always be understood to defer to specific judicial rulings, if applicable.
Tomorrow, the Military Commission convened to try Mr. Al Nashiri will hold another series of sessions without panel members present. To the survivors and victim family members who have either traveled here or are watching from CCTV sites in the United States to bear witness to these proceedings, we welcome you. We honor you and those whom you have lost, recognizing that our words can never equal your loss.
The Judge’s order listing the motions currently on the docket is publicly available on the military commissions’ website. The Judge granted a government motion to add 27 motions to the docket for oral argument. The amended docket is Appellate Exhibit 243B. The parties’ filings for these motions, and the transcripts from prior proceedings, are also available on the website to aid the public in its assessment of the issues litigated during these pre-trial sessions. We again are providing DVDs with all the pleadings, as well as other source materials, for still greater ease of access to these documents.

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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