8/20 Motions Session #7: On Treatment of the Accused

Harrington at the podium: after further discussion, the lawyer says he thinks that there are ongoing issues as between Binal Shibh and the guard force.  Harrington likely can deal with those.  If he can’t, the lawyer will raise any residual issues with the court.  But  as for today, Binal Shibh still wishes to depart.  Thus Judge Pohl marches through the advice of rights regarding the accused’s presence.  Binal Shibh understands his rights, and voluntarily and knowingly waives them---and the court so finds.  Alas, transporting the accused back to the detention camp means---you guessed it---a recess.  It ends quite quickly, allowing the parties to return to the afternoon’s business.

LCDR Kevin Bogucki, lawyer for Binal Shibh, stands and explains a bit more about his client’s departure.  A commission order, barring further interferences with Binal Shibh’s  activities (noises and shaking, among other things), has been ignored by JTF staff.  Contrast that with a recent camp visit by counsel for Al-Baluchi, wherein the JTF guards enforced the court’s instruction to the letter.  Why the disparity?  The former purported to restrain camp personnel; the latter purported to restrain defense counsel.  Bogucki thus wants an admonishment to JTF, that it must enforce all orders faithfully, even orders that impinge on JTF’s power.  The court squints: Judge Pohl distantly recalls that, at the time, no evidence pointed to harassment of Binal Shibh.  His order thus instructed the JTF not to engage in behavior that counsel had alleged---but not proved.  So what does Bogucki want now, additionally?  An order to the effect that Judge Pohl expects his orders to be relayed to the appropriate personnel, answers Bogucki. (The lawyer refers to several comments by camp staff---Task Force Platinum Commander, in particular---which suggested disrespect for the court’s directions.)