Statement by the Chief Prosecutor in the 9/11 Case

Good evening. This week, the Military Commission convened to try the charges against Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi considered pre-trial issues raised by the defense and the prosecution. The Judge examined the parties’ written briefs, heard oral argument, and, on some issues, took witness testimony. In nearly 21 hours of fully open proceedings, the Commission considered 21 motions and heard from two witnesses comprising nearly four hours of testimony. Three of five Accused were present during all proceedings, while one Accused was held by the Judge to have knowingly, voluntarily, and intelligently waived his right to be present on Wednesday, and another Accused to have so waived his right to be present on Thursday and Friday. The Commission has now received more than 60 hours of testimony from a total of 20 witnesses to assist it in deciding pre-trial motions. The parties have briefed 129 substantive motions, and have orally argued some 58 motions. Of the 129 substantive motions briefed, 8 have been mooted, dismissed, or withdrawn; 37 have been submitted for decision; and 62 have been ruled on by the Judge. Motions argued, once ruled upon, will settle outstanding disputes regarding, among other issues, the charges against the Accused and will continue to move the case forward toward trial. Below is a summary of the motions litigated this week: