6/21 Motions Session #6: Adieu, CAPT Welsh

Defense re-direct of Welsh follows, and---the day having slogged on---we’ll summarize it ever briefly.

David Nevin clarifies the procedures for filed pleadings, which have to be screened by very the same folks who, he says, seek to kill Nevin’s client, Khalid Sheikh Mohammed.  The defense attorney also vents a bit about JTF’s refusal to permit him to show the charges to KSM; Welsh had thrown up his hands there, because at the time, he had quit screening and transferred that duty to the privilege team.  And Nevin also asks about the “contraband” notion, that a client could tell counsel about “contraband” subjects, consistent with the rules---a monologue that Nevin finds absurd.  The ABA Guidelines for client relations in capital cases, it turns out, call for a continuing, interactive dialogue.  Learned Counsel then once more bashes the “contraband” definition’s wild over breadth  and its absolute applicability, as set forth in all GTMO communications policies and orders.  Welsh tells Nevin he doesn’t know of similar provisions in other policies, off the top of his head.  About the photos seized in Al-Hawsawi’s cell---how did Welsh know that these depicted intelligence personnel?  Welsh cites a subsequent inquiry, into whether federal laws had been broken; this suggested the involvement of intel people.  But the photos were obviously related to the case, right?  Welsh acknowledges the relatedness.  And he acknowledges that Al-Qaeda, Inspire’s obvious author, is alleged to be a co-conspirator in this case.  Relatedness there, too, Nevin seems to say.  A few words more, and the lawyer concludes.

Cheryl Bormann rises for her re-direct.  You were the SJA in February of this year?  Welsh was, he says.  A dispute at that time arose about a separate searching of legal bins; Bin Attash also received non-legal mail that did not bear any stamps.  Welsh knows nothing about the non-legal mail incident, but supposes that the marking folks could have made mistakes.  The witness agrees that books must be sent as non-legal mail.  Bormann confers with co-counsel, and then finishes.

Binalshibh lawyer James Harrington asks Welsh about, among other things, how privilege reviews can determine the relatedness of material.  How can an SJA do this, or a non-lawyer?  The witness agrees that defense counsel is best situated to figure out whether a document is rationally related to the case.  But the Inspire article would give Welsh pause, from a security standpoint.  Its blocking gives Harrington pause, though, who wonders what the defense must do, in a case where bomb-making technica might be at issue.  Obviously, the lawyer cannot explain his defense strategy to privilege team personnel, consistent with his duties.  A word or five more, and Harrington tags out.

CDR Ruiz tags in, and asks Welsh to affirm under oath that Ruiz endeavored to send Inspire by legal mail.  He so affirms, citing email exchanges with Ruiz.  But the defense lawyer says “we’ll get to that later.” So wait, Ruiz says, this stuff was handed to a SJA, wasn’t it?  Yes.  And there inspected? Yes.  That is not what you so testified, Ruiz jabs.  So are you saying that stuff marked legal was then screened as non-legal?  No, Welsh protests, there was confusion about the classification.  Defense counsel pushes on.  Your subordinate passed on the Inspire package to intelligence personnel, right?  Right, Welsh agrees.  And when Ruiz confronts him about it, the witness acknowledges that his email exchange did not, in fact, mention Inspire.  Lawyers get letters of reprimand for dropping of prohibited materials, Ruiz says, referring to prior counsel for KSM.  But was Ruiz ever so reprimanded?  No, Welsh admits.

Nothing further from this witness, who is excused. But we're not done yet.