A New Secrecy Issue at GTMO

A new secrecy issue has arisen during the Military Commission hearings in Guantanamo.

Judge Pohl, presiding over the Military Commission prosecution of Al Nashiri, alleged to be the Mastermind behind the Cole bombing in 2000, had ordered that the details of his treatment while in CIA custody be shared with the defense. The order required that the information be available to the defense under the same requirements as the other classified evidence already provided to them.
The prosecution has recently argued that Judge Pohl’s order should be set aside and the details of the treatment of Al Nasir remain secret from the al-Nashiri defense team. The prosecution’s basis for setting the order aside was because the Senate Intelligence Committee summary might reveal some of those same information and perhaps obviating the need for the disclosures to the defense or at least permit a new review by Judge Pohl after the Senate Intelligence Committee response plays its way out.
Currently there is no announced determination of when the Senate Summary will be released. It is currently undergoing a classification review by the Department of Justice. At present there is no date for the report to be released or any knowledge of the extent if any that the report may contain the information that the defense has sought and has previously been granted by Judge Pohl.
Al Nashiri is scheduled to be the first Military Commission trial of any of the detainees brought to Guantanamo after the CIA Dark sites were closed. The trial is currently scheduled to begin in January.
The prosecution is seeking the death penalty and the defense intends to have the jury consider the extent to which the government treated its client before he arrived in Guantanamo. That treatment, according to the New York Times report by Charles Savage that “the C.I. A. inspector general called his the ‘most significant’ case of a detainee who was brutalized in ways that went beyond the tactics approved by the Bush administration, including being threatened with a power drill.” An expert on treatment of torture called by the defense has already stated that Al-Nashiri had been subjected to physical, psychological and sexual torture The defense considers the manner in which he was tortured during his detention in the CIA dark sites to be relevant to whether or not the death penalty should be impose.presiding over the Military Commission prosecution of Al Nashiri, alleged to be the Mastermind behind the Cole bombing in 2000, had ordered that the details of his treatment while in CIA custody be shared with the defense. The order required that the information be available to the defense under the same requirements as the other classified evidence already provided to them.
The prosecution has recently argued that Judge Pohl’s order should be set aside and the details of the treatment of Al Nasir remain secret from the al-Nashiri defense team. The prosecution’s basis for setting the order aside was because the Senate Intelligence Committee summary might reveal some of those same information and perhaps obviating the need for the disclosures to the defense or at least permit a new review by Judge Pohl after the Senate Intelligence Committee response plays its way out.
Currently there is no announced determination of when the Senate Summary will be released. It is currently undergoing a classification review by the Department of Justice. At present there is no date for the report to be released or any knowledge of the extent if any that the report may contain the information that the defense has sought and has previously been granted by Judge Pohl.

The prosecution is seeking the death penalty and the defense intends to have the jury consider the extent to which the government treated its client before he arrived in Guantanamo. That treatment, according to the New York Times report by Charles Savage that “the C.I. A. inspector general called his the ‘most significant’ case of a detainee who was brutalized in ways that went beyond the tactics approved by the Bush administration, including being threatened with a power drill.” An expert on treatment of torture called by the defense has already stated that Al-Nashiri had been subjected to physical, psychological and sexual torture The defense considers the manner in which he was tortured during his detention in the CIA dark sites to be relevant to whether or not the death penalty should be imposed.

Professor Mark Denbeaux, Director
Center for Policy & Research
 

Al Nashiri Before a Military Commission at Gitmo

This guest post was written by Charles R. Church, and is drawn from his copyrighted e-book titled My Week at Guantanamo’s War Court, which is available on amazon.com.

 

My excitement ran high when Mark Denbeaux phoned to tell me I would be heading to the Guantanamo Naval Base for a week, for I had been studying, writing and talking about both its detention facility and its military commissions for years. Now I would be attending, as a journalist and observer, pretrial proceedings in the military tribunal capital prosecution of abd al Rahim Hussayn Muhammad Al Nashiri, the Saudi claimed to have presided over bin Laden’s “boats operation,” for which he had planned three attacks on foreign ships, including the devastatingly lethal one in 2000 on the USS Cole, the destroyer fueling in Aden Harbor in Yemen. Continue reading

Al Nashiri Keeps Kammen, Speaks of Frustrations

Alexandra Kutner is currently at Guantanamo Bay, Cuba to observe proceedings in the al Nashiri case on behalf of the Center for Policy and Research.

Alleged architect of the USS Cole bombing Abd al Rahim al Nashiri’s motion hearing went off without a hitch yesterday morning. Al Nashiri met with his learned counsel Rick Kammen after the court recessed on Monday, and the pair appear to have worked out whatever problems led to al Nashiri’s attempt to fire Kammen. Al Nashiri spoke unshackled to the court, apologizing for the delay. Continue reading

Al Nashiri Loses Faith in Counsel

Alexandra Kutner is currently at Guantanamo Bay, Cuba to observe proceedings in the al Nashiri case on behalf of the Center for Policy and Research.

Clean shaven Saudi detainee Abd al Rahim al Nashiri, accused of being the architect of the 2000 USS Cole bombing in Yemen, merely swiveled in his chair during his seven-minute stay in court. Al Nahsiri’s learned counsel, Rick Kammen, spoke on his behalf, explaining to the court that Nashiri had lost confidence in him and wanted him removed from the case. In hopes of preserving their relationship, Kammen requested two days to attempt to reconcile the relationship. Judge Pohl agreed to grant Kammen time to speak with al Nashiri and recessed until Wednesday. If the two cannot repair their relationship, al Nashiri is ultimately allowed to fire Kammen under current military commission rules. Continue reading

More Government Secrecy in Detainee Trials at Guantanamo Bay

Later this week, the trial of an alleged al-Qaeda bomber and current Guantanamo Bay detainee suspected of orchestrating the 2000 bombing of the USS Cole will continue, and one of the first items on the docket is a top secret motion from the government.  Classified motions are not exactly rare in military trials against detainees, but this one is particularly interesting.  Those who know the contents of the motion are barred from discussing any of its contents, and even the defendant, Abd al-Rahim al-Nashiri, and his defense team are not allowed to obtain declassified information regarding the motion unless the Army judge presiding over the trial compels it.  In fact, al-Nashiri’s lead attorney told reporters that his defense team had to fly to Washington, D.C. just to read it.

Army Brig. General Mark Martins, the government’s lead prosecutor on war crimes, insisted that his office was not using classification to cover up any embarrassing episodes, stating that there are “important narrow occasions” where the government may classify information “to protect national security interests.”  Still, the motion has already attracted negative attention from critics of the Pentagon court, which uses the motto “Fairness – Transparency – Justice.”  Yale law professor Eugene Fidell likened the motion to playing charades in the dark.  Even before news of the classified motion was released, a defense attorney filed a motion in May opposing any closure of future motions against al-Nashiri.

Military hearings at Guantanamo have been criticized for some time due to concerns over secrecy and the legitimacy of hearings against detainees, and this news will only add fuel to the fire.  The government is seeking the death penalty against al-Nashiri, and anything less than full disclosure of the government’s case against him leads to serious questions regarding the fairness of military trials against detainees.  In fact, Professor Fidell was quoted as saying,

“We’re supposed to be talking about the rule of law. You can have an all-star team of justices – Cardozo, Brandeis, Holmes, John Marshall, Stevens, Brennan, take your pick – and if they’re working in a closet you can forget about it in terms of public confidence in the administration of justice.”

The timing of this news was poor for the government in light of the recent leak of information regarding the NSA’s surveillance scandal.  With public concern regarding government secrecy rapidly growing, we should expect a great deal of criticism regarding the use of classified motions against detainees at Guantanamo.  And when the stakes are so high, we should be calling for more transparency and legitimacy in trials against detainees.

Chris Whitten, Research Fellow
Center for Policy and Research

KSM, Co-Defendants’ Legal Mail Ransacked And Seized

2L student Josh Wirtschafter is in GTMO this week observing the military commission hearings.  His observations from Wednesday’s hearings are printed below.

Wednesday’s pre-hearings in,United States v. Mohammed, et al., ended in soap opera-esqe drama. The last motion of the day was postponed until Thursday morning when it was announced that the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and two of his co-defendants, had returned to their cells after yesterday’s session to find their attorney-client mail ransacked— and much of it seized.

The news of the ransacking and seizure of attorney-client mail was apropos, given the morning testimony of Lieutenant Alexander Homme, who detailed the attorney-client mail screening process. Pursuant to a Staff Judge Advocate (SJA) Order, it was Homme’s job to screen mail both to and from detainees in their cells as well as in Echo II, the attorney-client meeting room. In short, Homme explained that non-legal mail would be separated from the legal mail, which was vaguely defined as any hand-written or typed documents that were prepared by the attorney, and that legal mail was allowed to pass, non-legal mail was subjected to seizure and further review. Eventually, however, it became clear that legal mail had a somewhat narrow definition, as even exhibits attached to an amicus brief, for example, are not guaranteed to be construed as “legal” for these purposes and thereby pass to a detainee.

Rejected non-legal mail would be seized and delivered to J2, the intelligence agency of Joint Task Force (JTF) at Guantanamo Bay, for inspection. Ms. Bormann, Counsel for Mr. bin ‘Attash, evidenced the difficulty of this process as she recounted, and Homme confirmed, four occasions where he rejected her attempt to deliver legally relevant documents to her client (an Arabic translation of the screening order, the book “Black Banners” that contained a chapter specific to her client’s charges in this case, a NAVY JAG Instruction on JAG ethics, and an amicusbrief from the al-Nashiri case that dealt with the same kind of seizure of attorney-client privileged material happening here).

Various defense attorneys noted the problematic nature of the screening process. First, the Order’s vague definition of legal mail makes it tremendously difficult to pass legal documents from attorney to client, and vice versa: what may be considered highly relevant to the defense as  part of effective legal, can be construed by the government as non-legal mail and subject to seizure. And second, even if the defense wants to exchange non-legal mail, all of it must first be screened by J2, a process by which it could take months to be cleared and delivered, and still, there is no guarantee that all of the documents will ultimately be delivered.

The reported ransacking and seizure of the accused’s legal mail seemed almost icing on the cake for defense counsel.

J2 Just Might Visit a Local Radio Shack

Next on the stand was Colonel John Vincent Bogdan, Joint Task Guard (JTG) Commander, who is responsible for controlling the attorney-client meeting room at Echo II. Lead by the compelling cross-examination of Mr. Nevin, Learned Counsel for Khalid Sheikh Mohammed, Bogdan revealed that although he began his commission as JTG Commander in June 2012, it was not until January 31, 2013—two weeks ago—that Bogdan learned of Echo II’s audio capabilities from Captain Welsh. He represented to the court that he had no knowledge of Echo II’s audio capabilities until that point, and assured the court that “they do not audio monitor in Echo II.” After learning of these audio monitoring capabilities, Bogdan issued a verbal order, not a written order, “that there was to be no audio monitoring of attorney-client meetings.”

In a quick witted response, Mr. Nevin asked: “But since you understood there was no audio — excuse me — audio monitoring capability, there was really no reason to order that there be no audio monitoring, right?” Why issue an order to not do something that is already not done? Bogdan said it was necessary to cement the policy.

Thereafter, Mr. Nevin sought answers from Bogdan as to how he took measures to assure that his verbal order would be obeyed. Bogdan confirmed that his guards dismantled the audio monitoring system. They did not remove the system altogether, however, and instead they “disconnect[ed] all the power supplies and secure[d] all the power supply so the system couldn’t be inadvertently turned on.” In other words, he had the electrical cord removed from the wall.

Bogdan also confirmed that J2 owned all of the audio and video technology in Echo II—the cameras, the microphones, and the wires connecting those pieces to the video and audio systems. This past weekend the defense were permitted to enter and observe the audio monitoring system in the control hut for Echo II. The audio system is called Louroe AP-4. It is a non-recording system, but it has an audio output jack in the back of it where one could simply plug-in a digital recording device—try Radio Shack.

The defense “tag-team” made the point, and Bogdan admitted, that as easy as it was to conceal from Bogdan the fact that Echo II has audio monitoring capabilities for over a year into his commission, J2 could also have just as easily purchased tiny microphones from Radio Shack and put them in Echo II without him knowing.

Balancing Competing Interests: National Security v. Protecting Attorney-Client Privileged Communications

Easy to lose in the drama and vagaries of another day in GTMO, the day’s pre-hearings were an emergency interlocutory motion to investigate into intrusions on attorney-client and attorney-attorney privileged communications.

JTF-GTMO wants security in Echo II for national and camp security reasons. The defense teams want to be relieved of the reasonable fear that they are being listened to in the courtroom and in Echo II. All seemingly reasonable concerns.

Ms. Bormann suggested a remedy—that the audio system be completely removed (maybe destroyed and trashed) and the guards instructed to monitor the attorney-client meetings in Echo II from chairs outside the room, leaving the door open but having them sit far enough away so that they cannot hear the conversations inside. The court seemed skeptical, and I suspect both prosecution and defense will continue to be so as well.

Josh Wirtshafter is a fellow at the Center for Policy and Research at Seton Hall University School of Law student. He is a member of the Class of 2014 and is a 2011 graduate of Franklin & Marshall College, where he majored in Religious Studies.

Dispatch from GMTO: Al-Nashiri Military Commission Hearing

Al-Nashiri Military Commission: ‘The Man Behind the Curtain’ Turns Defense Counsel Into Cornered Huddled Masses; Prosecution says: ‘Al-Nashiri’s Incompetent to Stand Trial; Now Let’s Continue With the Trial’ 

This post is the product of research fellow Sean Kennedy’s observations at last week’s al-Nashiri hearings at Guantanamo Bay.  

In the first of what was supposed to be four days of hearings in Guantanamo in the case against Abd al-Rahim al-Nashiri—the alleged mastermind behind the U.S.S. Cole bombing—the commissions came to a screeching halt.

Judge James Pohl granted the prosecution’s motion to examine the mental capacity of al-Nashiri and all other scheduled motions for the proceedings were held in abeyance until a determination on al-Nashiri’s capacity was finalized.

The courtroom atmosphere was contentious throughout the duration of the proceedings with what might be termed bickering between both sides and Judge Pohl.

In total, two motions were heard before Judge Pohl affirmed the prosecution’s motion on al-Nashiri’s mental capacity and effectively quashed the hearing until a yet be determined date.

Having said that, the hearing was not without drama.

 

AE 149 – Motion to Investigate the Ability of Third Party Monitoring of Attorney/Client information.

 

The morning began with a hearing on a last minute motion filed by the defense on Friday, February 1, 2013, in response to last week’s unsettling revelation that outside governmental agencies could listen to the proceedings remotely, and “close down” the the court without the Judge’s knowledge or permission.

The prosecution elected not to draft a written response to the motion, instead opting to respond on the record.  Defense counsel, Commander Steven Reyes, argued that because of this undisclosed monitoring by outside agencies, the defense’s ability to have privileged conversations with their client was impaired and thereby they would not be able to provide effective representation. In addition, the defense argued that further discovery would be necessary to determine whether or not this same kind of remote monitoring system was in place in the holding areas outside of the courtroom and in the attorney conference room on the far side of the island where meetings with the detainees take place.

In response, Mr. Anthony Mattivi, the U.S. attorney representing the prosecution, claimed that the defense was attempting to switch the burden and place it on the government while offering no evidence that any monitoring could take place outside of the courtroom. The prosecution attacked the lack of factual support in the defense’s brief for its claims and stated that the defense was conflating two separate issues. Finally, Mr. Mattivi criticized the defendant’s proposed remedy of shutting down the proceedings to conduct an investigation into the monitoring by stating, “I don’t quite understand how that would work from a legal perspective.”

Judge Pohl was quick to push Commander Reyes about the lack of evidence to support a claim that conversations could be monitored in the holding cells outside the courtroom or in the attorney meeting rooms by the prison. The defense claimed that the events of last week were proof positive of this capability and should be more than enough to overcome its burden of proof and persuasion. The protracted dialogue between Lt. Commander Reyes and Judge Pohl became increasingly heated as the commission wore on, with Judge Pohl contentiously asking, “Does it surprise you that the government can monitor conversations across the world?”

The Judge denied the motion, ruling that the defense did not proffer enough evidence to carry the burden but made note that if evidence did arise it would require serious and significant remedies. However, after the motion was denied, Commander Reyes requested a 3-hour recess to contact ethics specialists to ensure that the defense would not be violating any ethical obligations by continuing the representation in light of the specter of remote monitoring of attorney client conversations.

In addition the defense wanted to speak with the individuals that oversee the courtroom’s technology to determine what, if anything, could be done. Judge Pohl initially took issue with the request and expressed concern that defense was attempting to sua sponte overturn his ruling on the motion. After a prolonged exchange, the Judge granted a one-time exception, allowing this recess to give defense counsel the opportunity to confirm that it was not violating any ethical obligations under the circumstances.

During the break, the defense counsel told the court it learned that third parties could monitor conversations on any microphone inside the courtroom. However, there was no evidence that any audio recordings could be taken from the holding cells outside the courtroom. Interestingly, there was no clear answer with regard to the Attorney meeting room, a revelation that presented great pause for the defense.  Judge Pohl emphasized that he would not order an attorney to act in a manner that violates an ethical obligation and said that he understood the defense’s concerns. He reiterated that the current situation did not pose such an ethical issue. Defense counsel had consulted with their ethics counselor and indicated they were ready to proceed. However, as the day would prove, the government would shortly take the position that ultimately forced this entire proceeding into an indeterminate hiatus.

Additionally, an agreement was set up with the prosecution to speak to various technical operators at the detention center to address the remaining confidentiality concerns. However, due to what was said to be the monitoring capabilities from the microphones throughout the court room, defense counsel huddled in a corner of the court room on several occasions in order to confer privately, outside the range of the microphones and what defense counsel referred to as “The Man Behind the Curtain (perhaps having read my colleague, Adam Kirchner’s, report in The Public Record on the KSM hearing). While the motions continued, the “Man Behind the Curtain” is, as of yet, still unidentified, and seemingly poses significant obstacles for the defense going forward.

 

AE 99D—Government Motion for Commissions to Discuss with the Accused Matter Considered by the Commission During the 18-19 July 2012 and 23 October 2012 Sessions.

The next motion before the Commission involved the prosecution’s request to clarify a waiver of appearance by al-Nashiri for the above-mentioned dates. The prosecution argued that the law has now changed– allowing a detainee to waive his right to appear in the beginning of a particular session while still maintaining the ability to change his mind and appear in the session later in the day. Previously, when a detainee waived the right to appear, the waiver was in force for the full day. The prosecution argued that because of this change the record needed to be clarified and, if necessary, al-Nashiri would need to briefly speak in open court.

The defense countered by asking the court for the ability to investigate underlying facts in any statement  al-Nashiri may make on the record if he is required to speak. The defense argued that the investigation would occur for the sole purpose of providing context to these future statements so that they could not be used as evidence against al-Nashiri’s mental competence. Commander Reyes pointed out that the uninvestigated statements made by al-Nashiri were the basis for the prosecution’s current motion to exam his mental capacity to stand trial. Judge Pohl reserved his decision on this issue pending the result of the upcoming motion.

 

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

 

The third motion of the day had the potential to stop all litigation in the case dead in its tracks. In an unusual twist, the prosecution was petitioning for an investigation into the mental state of al-Nashiri in order to determine whether or not he is able to understand and assist in his own defense. Judge Pohl asked the prosecution if they understood that a grant of this motion would put the case on hiatus until the examination was concluded. Mr. Mattivi acknowledged that he understood; however, his answer would change immediately after the Judge made his ruling.

If granted, the 706 motion would allow the Judge to have a board of medical professionals appointed in order conduct the examination of al-Nashiri to determine if he is competent to understand the trial and assist in his own defense. CDR Andrea Lockhart argued that this examination was necessary because of the defense’s assertion that al-Nashiri suffers from PTSD, as well as statements made by al-Nashiri during a previous session where he waived his right to appear. She further stated that the board that was appointed would be independent from the prosecution or the defense.

Defense counsel Richard Kammen—sporting a symbolic Kangaroo pin on his lapel—countered by acknowledging that al-Nashiri has PTSD related to torture committed against him in a CIA black site, but that his competency has never been in question. The defense expressed concern that the information recorded during the examination would be discoverable by the prosecution in the event that a death penalty hearing becomes necessary. Judge Pohl explained that the defense “holds the keys to the car” regarding the report and that it will not be discoverable by the prosecution unless the defense puts it at issue in the trial. In addition, Mr. Kammen was doubtful that the board would be independent and feared the appointment of “hacks.” Finally, the defense requested the Judge to hear from Dr. Iacopino, who is an expert in the area of torture related PTSD victims, for guidance regarding who should be selected for the medical board if the motion was granted.

Ultimately, Judge Pohl granted the government’s request for the 706 inquiry and with that, further progress in the case was stopped. However, after the Judge’s ruling, Mr. Mattivi posited that the court should continue to hear the pre-trial motions because there was an “assumption of competency” relating to a 706 hearing, despite his previous acknowledgment on the record that this decision would effectively pause the trial. Commander Reyes countered by stating that the presumption is only applied to the hearing that occurs after the 706 motion and that it would not make sense to continue if the prosecution believes Nashiri to be incompetent— as they claim. The Judge agreed with Reyes and set up a tentative schedule for the board to examine Nashiri in approximately 6 weeks.

Mr. Mattivi’s final attempt to continue with the trial was telling. Arguably, the prosecution was attempting to pre-empt any mental capacity challenge made by the defense at a latter date by forcing al-Nashiri to undergo a competency test before the trial starts. It was unusual that the prosecution pushed for a motion that could potentially cause its entire case dismissed if al-Nashiri is found incompetent. However, Mr. Mattivi’s attempt to have the case continue after this motion was granted begs the question of how much the government actually believes it own claim regarding incompetence.

 

AE 135 – Defense’s Motion to Allow Dr. Crosby to Examine Nashiri without Shackles and not in the Presence of Guards

 

The final motion for the day involved a pre-arranged medical examination scheduled by the defense. Dr. Sandra Crosby was scheduled to examine al-Nashiri for physical signs of abuse relating to the torture committed by the CIA. The Judge asked Commander Reyes if the session would be observed by video, if there would be guards present outside the examination room, and if Dr. Crosby is willing to sign a waiver. Commander Reyes answered all of the questions in the affirmative. The prosecution, represented by Major Chris Ruge, argued that the shackles and guard presence was a reasonable safety measure that was requested by the JTF facility commander. Judge Pohl dismissed the prosecution’s argument and stated that this was a medical professional approved by the Convening Authority and that the defense request falls within the gambit of reasonable safety measures.

With that the session—and the case—was called to a close. The only item left on the agenda was an interview to take place the following day with the defense’s medical expert Dr. Iacopino. What was supposed to be four days of substantive motion hearings was reduced to a single day with a 3-hour recess. At the conclusion, many of the same issues are outstanding. The “Man Behind the Curtain” remains unknown and can still seemingly monitor the proceedings—and potential attorney client interviews—from a remote location. Further, the prosecution successfully stopped its own case from proceeding forward to trial. While this may seem like an unusual day in court, as Mr. Kammen articulated to the Judge, “Your Honor, it’s GTMO.”

 

Sean Kennedy is a student at Seton Hall University School of Law. He is also a Research Fellow of the Center for Policy and Research and the Transnational Justice Project at Seton Hall University School of Law.

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