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October 24 Session #5: Ex Parte Matters, and Protective Order Modifications
AE98 is Richard Kammen’s topic. In that motion, Kammen says, he asks to present ex parte materials to the court, which would justify a pending defense request for a mitigation expert. The Convening Aut... -
October 24 Session #4: DIVO, Part One
We are supposed to be talking about AE 107, regarding funding from the Convening Authority. Richard Kammen seeks money to pay for two persons, who will serve as Defense-Initiated Victim/Survivor Outreac... -
October 24 Session #3: Drones and Discovery
To the podium comes defense lawyer Richard Kammen. His motion (AE 116) seeks evidence regarding a 2002 drone attack, in Yemen, that killed Qaed Salim Al-Harithi----the reported “mastermind” behind the C... -
October 24 Session #2: About Those Yemeni Witness Statements
And we’re off. We commence with AE 115, the defense’s motion to compel production of witness statements taken by Yemeni officials, which were then turned over to the FBI. LDCR Stephen Reyes stands on A... -
October 24 Session #1: Al-Nashiri On Presence
The ongoing rain has not stopped a crowd from gathering at the ELC. Among them is the accused, Abd Al Rahim Hussayn Muhammad Al-Nashiri---with whom the court wishes to speak about his right to be presen... -
Periodic Followup on Period Review
A few months ago, Jack posed an interesting question: Whatever happened to the Periodic Review Board (PRB) system for Guantanamo detainees that the president created in his executive order? In March 2011... -
October 23 Session #3: Presence, Fully Discussed, and Proceedings, Quickly Recessed
AE99 is next on our agenda. It asks whether, and under what circumstances, Al-Nashiri may waive his right to attend pretrial proceedings in this capital case. (There are also related motions, including... -
October 23 Session #2: Presence Lite, and an Untimely Submission From the Convening Authority
Judge Pohl calls our proceedings to order, and notes Al-Nashiri’s absence. That prompts Prosecutor Anthony Mattivi to make his record. The lawyer asks his witness, our by-now-familiar-from-last-week-bu... -
October 23 Session #1: Statement from the Chief Prosecutor
Chief Prosecutor Mark Martins last night released a statement regarding this week's hearing in United States v. Al-Nashiri. It begins as follows: Tomorrow, the military commission convened to try the ch... -
Does Hamdan in Fact Prove That Guantanamo Detainees Should Have Been Tried in Federal Court?
I was out of the country last week and missed the opportunity to weigh in promptly on the Hamdan decision. In reading the reactions, I have noted that many human rights and civil liberties groups have i... -
October 19 Commission Session #9: Statement by Defense Attorneys
On Friday, Captain Jason Wright, an attorney for Khalid Sheikh Mohammed, released the following statement about the most recent round of hearings in the 9/11 case: PRESIDENT OBAMA RESTATES DESIRE TO CLOS... -
October 19 Commission Session #8: Statement from the Chief Prosecutor
Chief Prosecutor Mark Martins last night released this statement regarding the week-long hearing in United States v. Mohammed et al. It begins as follows: Today was the last of five days of pre-trial se...
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