Armed Conflict Criminal Justice & the Rule of Law Terrorism & Extremism

2/9 Session #1: The Translator

Wells Bennett
Monday, February 9, 2015, 9:10 AM
The gavel bangs. The military judge, Army Col. James L. Pohl, calls the proceedings to order. Members of the prosecution are absent, their place taken by a Special Review Team that has been looking into conflict allegations involving one accused, Ramzi Binalshibh. Housekeeping: LCDR Kevin Bogucki asks to withdraw as the latter's counsel, owing to his retirement; Binalshibh consents to this, he says, in English. But he adds that he’s been having problems----it seems that his English to Arabic translator is untrustworthy, owing to the translator's past role at a CIA blacksite.

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The gavel bangs. The military judge, Army Col. James L. Pohl, calls the proceedings to order. Members of the prosecution are absent, their place taken by a Special Review Team that has been looking into conflict allegations involving one accused, Ramzi Binalshibh. Housekeeping: LCDR Kevin Bogucki asks to withdraw as the latter's counsel, owing to his retirement; Binalshibh consents to this, he says, in English. But he adds that he’s been having problems----it seems that his English to Arabic translator is untrustworthy, owing to the translator's past role at a CIA blacksite. The military judge assures Binalshibh that he’ll get to that issue, after credentialing of some new defense lawyers and other odds and ends.  Other defense counsel chime in though: They and their clients share Binalshibh’s concern about the translator, and observe that the problem was only called to their attention moments ago. This prompts a request for a recesss, which Judge Pohl grants. UPDATE: We’re back. It seems the translator issue may be a real one---and the United States might well have a position as to its resolution. Thus the defense recommends, and the court agrees, that the prosecution be called back to court and the Special Review Team---which has been examining issues arising from the FBI’s interview of a member of the Binalshibh defense team---be excused.  (The two groups have been walled off from one another, for independence reasons.) The swap will require a bit more time, and a recess until 10:30.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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