9/19 Session #3: The Path Forward, Part One

The Chief Prosecutor swears in our next AE 155-related witness: Wendy Kelly, an attorney and Chief of Operations for the Convening Authority.  David Nevin, one of KSM’s lawyers, questions her, first about her background and then about her knowledge of IT problems suffered by the defense.

Then the defense attorney “cuts to the chase,” as he puts it.  Has the Convening Authority’s office looked into possible IT infrastructure solutions, ones that would address defense complaints about confidentiality?  Yes is Kelly’s answer, though she emphasizes that technical, IT assurance is not her specialty; her office instead acts only as an “intermediary,” so to speak, between the commissions, defense, and DoD IT officials.  At any rate, the status is this: DoD IT has two proposals pending. The Chief Defense Counsel, Col. Mayberry, is now evaluating both, as of last Thursday.  Kelly suspects Mayberry will provide feedback on one or both, based on conversations with the Chief Defense Counsel's IT consultants.  What about a timetable?  As to the first proposal, Kelly says it would take 65 days from the award of the needed government contracts and appropriation of necessary funding.  As to the second proposal, Kelly says it would take 111 days from that start time. The court nails down the chronology, noting the added but considerable problem of near-term congressional dysfunction: so it is Mayberry comments; followed by Convening Authority processes; followed by contracting, and all subject to the government not shutting down in under two weeks?  Kelly essentially agrees with the military judge's summary, though she doesn’t know when to expect input from Col. Mayberry, and or what Mayberry’s input will be.