This Week at GTMO: al-Nashiri Hearings

This week, from February 4-7, Judge Pohl will hear motions relating to the charges against al-Nashiri.  The most current docketing order for this week’s hearings was posted on January 14th (motions to amend this order have since been filed by both parties, but the outcome is not publicly available), and states the following motions (in this order) will be addressed this week:

a. AE 045 Government Motion for a Scheduling Order

b. AE 099D Government Motion for the Commission to Discuss with the Accused Matters

Considered by the Commission During the 18~19 July 2012 and 23 October 2012 Sessions

c. AE 107 Defense Motion to Compel the Convening Authority to Fund Two Individuals to

Act as Defense-Initiated Victim/Survivor Outreach (DIVO) Liaison (plus witness production issue

c. AE 114 Defense Motion to Find that RM.C. 703(c) violates 10 V.S.C 949j.(a)( ) and Mr. al Nashiri’s Constitutional and Statutory Rights to due process

f. AE 118 Defense Motion to Cease the Use of Belly Chains on the Accused by JTF~GTMO

g. AE 120 Defense Motion to Compel Discovery of Information in the Possession of any Foreign Government and the United States related to the Arrest, Detention, and Interrogation of Mr. al Nashiri (Classified)

h. AE 131 Defense Motion to Compel Production of Representative of the OCA to Testify at the Hearing on AE I12

i. AE 140 Government Motion for Inquiry into the Mental Capacity of the Accused Under R.M.C. 706

j. AE 141 Defense Motion to Compel Discovery of the Prosecution’s Prudential Search Requests

k. AE 142 Defense Motion to prevent Mr. Al4Nashiri from Being Removed from the Courtroom During a Closed Session

I. AE 143 Defense Motion to Compel a Copy of A ll Discovery Provided to Habeas Counsel

m. AE 144 Motion to Compel Discovery in the Possession of the United States Attorney for the Southern District of New York Demonstrating the Guilt of Fahd Mohammed Ahmed al~Quso and Jamal Ahmed Mohammad Ali al~Badawi Relating to the Present Charges

n. AE 145 Motion for the Commission to Consider the Defense Request for Expert Assistance III Camera al1d Ex Parte and to Compel the Convening Authority to Approve Funding the Expert as a Defense Consultant

o. AE 146 Motion for the Commission to Consider a Second Defense Request for Expert Assistance 111 Camera al1d Ex Parte and to Compel the Convening Authority to Approve Funding the Expert as a Defense Consultant

For more information on what specifically will be addressed, you can check the government’s website, http://www.mc.mil/CASES/MilitaryCommissions.aspx.  Simply enter al-Nashiri’s name, and  find the corresponding filing code (ex: AE 146) to read the parties’ detailed motions.  Feel free to leave a comment if there is a specific motion you would like to see the Center’s Fellows discuss further on the blog this week.

As you can see by the sheer volume of motions to be addressed this week, it will be an eventful few days.  Check back periodically for reports from our student observer, Sean Kennedy, who will be at GTMO observing this week’s hearings.

Kelly Ann Taddonio, Research Fellow

Center for Policy & Research

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