8/21 Motions Session #1: In Re No-Shows
And we’re off.
Published by The Lawfare Institute
in Cooperation With
And we’re off.
Only two accused are here: Ammar al-Baluchi and Khalid Sheikh Mohammed. That means a voluntariness colloquy as to the absent three, one initiated by prosecutor Bob Swann. The latter asks his witness, LT CDR George Massucco, whether each of the trio knowingly and voluntarily waived their presence rights. The JTF staffer says that they did so; the court credits this testimony and then finds that they did so.* (Along the way, a scrupulous Judge Pohl also asks whether any detainees suggested medical conditions as the true reasons for their absences, and Massucco answers no, they did not.)
We thus turn to the substance. *The court found later in the morning that the detainees voluntarily waived presence in court today.