Chief Prosecutor Mark Martins’ remarks at Guantanamo Bay 14 August, 2014

Sent: 8/14/2014 5:04:34 P.M. Eastern Daylight Time
Subj: Military Commissions Update of 14 August 2014

Dear 9/11 Families,

Today, the Judge heard oral argument on AE 292RR, the Government’s Motion for Reconsideration of AE292QQ (Order), argued by the Special Review Team.  Following that argument, Judge Pohl heard argument on AE299, Mr. Al Hawsawi’s Motion to Sever.  This motion was argued by Mr. Walter Ruiz, counsel for Mr. Al Hawsawi, and on the government side by the Chief Prosecutor, BG Mark Martins.

The judge took both issues under advisement, meaning he will make a ruling at a later date.

Court is adjourned for the week.  Please see the Chief Prosecutor’s statement below.

Very Respectfully,

Karen Loftus
Director, Victim Witness Assistance Program
Office of the Chief Prosecutor of Military Commissions
Cell 703-973-5050


Good afternoon, and a special greeting to the eight close relatives or friends of those killed on September 11th who traveled here this week. You have inspired us and helped us remember the strength, the determination, and the sacrifice of those you so dearly loved, and then so heartbreakingly lost.

As I previewed on the eve of these pre-trial sessions, the Commission began the week with proceedings in United States v. Ramzi Binalshibh by hearing argument on the government’s emergency motion to reconsider the order severing Mr. Binalshibh’s case from that of the other four Accused. AE 312A. The Commission heard a portion of argument on Monday and then recessed until Wednesday afternoon to permit counsel for Mr. Binalshibh to submit a written response to the motion. Defense counsel submitted the written response on Wednesday morning, and by Wednesday afternoon, the Commission resumed proceedings for additional argument on the government’s emergency motion. After hearing additional argument and considering the parties’ written pleadings, the Commission granted the motion to reconsider and, as the Judge
announced from the bench, ordered that the severance order be held in abeyance pending resolution of the underlying issues precipitating the delay in the proceedings.

On Thursday morning, the Accused — the charges against whom are merely accusations, and all five of whom are presumed innocent under the law until and unless proven guilty— attended the pre-trial sessions as the Commission heard argument on the Appellate Exhibit 292 series of pleadings. I detailed Special Trial Counsel from the Department of Justice to represent the United States with regard to the Appellate Exhibit 292 litigation. As I have previously explained, I detailed these prosecutors to ensure that the Prosecution Team (including myself),
which represents the United States on all other matters in this case, remains walled-off from learning about any privileged communications between defense counsel and the Accused that might arise during the Appellate Exhibit 292 litigation.

Once argument on the Appellate Exhibit 292 litigation concluded, the Prosecution Team returned to the courtroom, and the Commission heard argument on Mr. Hawsawi’s motion to sever his case from that of the other four Accused. AE 299. The Commission also heard argument on Appellate Exhibit 283, a defense notice regarding whether one detailed military attorney for Mr. Mohammad will remain on the case. AE 283.

Deciding that it could not proceed on additional matters until it resolved issues in the Appellate Exhibit 292 litigation, the Commission recessed the proceedings until the next scheduled pre-trial sessions in October.

And now, I have time for a few questions.
* * * * *
For their continued support to these proceedings over the past two weeks, I thank and commend the Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen of Joint Task Force Guantanamo and Naval Station Guantanamo Bay.

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