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

6/19 Motions Session #3: Fits and Starts

Raffaela Wakeman, Wells Bennett
Wednesday, June 19, 2013, 10:46 AM

Technical snags resolved---or, at least worked around temporarily---we return to J. Connell III’s examination of Admiral Woods.

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Technical snags resolved---or, at least worked around temporarily---we return to J. Connell III’s examination of Admiral Woods.

The lawyer asks about Woods’ revision memorandum, issued in light of the court’s bench instructions about privileged communications in the Al-Nashiri case.  This described the procedures devised after the baseline review but before the issuance of a formal written communications order, Woods says.  The witness’s SJA had some role in the drafting of the revision memorandum.  Connell then recites the document’s definition of “privileged communications,” and, moments later, brings up an amicus brief Connell and company filed in Al-Nashiri.

But technical problems with the documents again arise, and preclude Woods from seeing the papers at his end of our virtual discussion.  Without the court so declaring, we “recess in place”---pause and wait---while tech folks sort out the problem.  After a while, the court, irritated, cautions that the proceedings cannot be delayed interminably; live testimony might be the way forward, if the VTC goofs cannot be addressed.  So when will the matter be resolved?  Answering, Prosecutor Edward Ryan says he will caucus with his colleagues about next steps.

We will learn about those steps after a brief recess.


Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT. Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.
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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