2/24 Motions Hearing #4: Visiting Camp 7

The afternoon session kicks off with AE 171, a motion that would allow members of the defense team to visit the facility in which Al-Nashiri is housed, referred to as Camp 7, in order to assist the defense in making a sentence mitigation presentation if Al-Nashiri is ultimately convicted and faces the death penalty. While the government does not object to such a visit, Learned Counsel Rick Kammen explains that the government is seeking to place numerous restrictions on any such visit, including limiting the defense to one visit of Camp 7 by two lawyers and a linguist and a prohibition on speaking with guards and other personnel at the facility. Kammen requests two twelve-hour visits by five people and a linguist, as well as meetings with Camp 7 personnel. He also clarifies that the two visits would likely be separated by several months and the second visit would be used primarily to update records on the conditions of the facility. Lt. Bryan Davis expresses concern with defense counsel speaking with guards as they visit Guantanamo because it would distract the guards from doing their jobs. Judge Pohl asks why the government could not make guards available for interview when they are not on duty. Davis argues that this would be a separate issue from the facility visit and would require that defense counsel make a specific request to meet with particular guards or personnel who the defendant believes are relevant to his defense. Davis also insists that one twelve-hour visit is sufficient to tour the facility, to which Judge Pohl responds that any potential second visit would likely come up months after the first and the court "can cross that bridge when we get there." Finally, Davis requests that the court limit the defense team visiting Camp 7 to three people, including a linguist, due to security concerns at Guantanamo. Kammen returns to urge the court to provide for two visits initially to avoid future litigation on a potential second visit. Davis passes up the opportunity for rebuttal. Judge Pohl thanks counsel and moves on to the next motion.