4/15 Motions Session #1: Housekeeping, and FBI Things

It’s Tuesday, 9:12 a.m., when our Fort Meade screen comes to life: down at Guantanamo, the military judge, Army Col. James L. Pohl, calls proceedings to order.

Who’s here? Khalid Sheikh Mohammed and Ramzi Binalshibh only, of the five accused.  This means a voluntariness colloquy. As per usual, the government calls a pseudonymous witness, a GTMO JAG liaison, who tells prosecutor Robert Swann that the absentees---Walid Bin Attash, Mustafa Al-Hawsawi, and Ammar Al-Baluchi----knowingly and voluntarily waived their rights to attend today.  James Connell III, Al-Baluchi’s civilian attorney, protests: the government hasn’t sought to put on a witness, per military commission rules, he says.  The objection is promptly overruled.

Where are we on this whole “FBI visited the defense security officer” issue---that raised by Binalshibh’s attorneys yesterday in court, and Sunday, in an emergency filing?  The prosecution apparently has replied to that motion in writing, according to the military judge.  And the government’s view is, unsurprisingly, that the FBI matter can take a backseat to the matter of Binalshibh’s presumption of competence.  But that’s the thing, Judge Pohl says: since competence is presumed, on the one hand, and since the defense isn't really questioning Binalshibh's competence, on the other, there's no need for a hearing under Rule 909 regarding Binalshibh's fitness to take part in the proceedings.

Which is to say: we'll move first to FBI matters, as alleged in defense motion AE292.  The military judge asks: what evidence, if any, does Binalshibh lawyer James Harrington wish to put on, regarding alleged FBI contacts with his team's Defense Security Officer?

We’ll find out around 9:40, after a brief recess.