8/20 Motions Session #1: In Which Gastritis Does Not Become an Issue
It’s on again: day two of this week-long pre-trial session. All accused are absent, save Ramzi bin al Shibh. Four no-shows, of course, means a quick back-and-forth between prosecutor Bob Swann and Lt. Commander George Massucco, a JTF official. The latter testifies that all four absentees were advised of their rights to attend the day’s session, and of the potential consequences of waiving those rights---and that the four nevertheless knowingly and voluntarily elected to skip out.
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It’s on again: day two of this week-long pre-trial session. All accused are absent, save Ramzi bin al Shibh. Four no-shows, of course, means a quick back-and-forth between prosecutor Bob Swann and Lt. Commander George Massucco, a JTF official. The latter testifies that all four absentees were advised of their rights to attend the day’s session, and of the potential consequences of waiving those rights---and that the four nevertheless knowingly and voluntarily elected to skip out. (Bin Attash, according to the witness, signed written waiver papers as per the usual practice---but did not elaborate on the health condition that bothered him yesterday. There is thus no evidence, from Judge Pohl’s standpoint, that Bin Attash absented himself for health reasons, despite an ongoing wish to take part today.) The military judge finds knowing and voluntary waivers as to all four absentees---and we’re off.
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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