Armed Conflict Criminal Justice & the Rule of Law Terrorism & Extremism

9/19 Session #4: The Path Forward, Part Two

Wells Bennett
Thursday, September 19, 2013, 2:18 PM

Your correspondents, court, counsel and two accused return from lunch; Wendy Kelly, Chief of Operations for the Convening Authority, returns to the stand.

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Your correspondents, court, counsel and two accused return from lunch; Wendy Kelly, Chief of Operations for the Convening Authority, returns to the stand.

She will be cross-examined, ever briefly, by prosecutor Jeffrey Groharing.  He asks about a telephone conference convened by Kelly, regarding possible remedies for the IT shortcomings described in AE155.  The result of that meeting, she says, was a document---one that would identify possible courses of action, and compare their various costs and benefits.  And in the document, it fell to Col. Mayberry to identify the defense’s complaints with specificity.  Did she do that?  The witness says Mayberry did not do so immediately, but that she ultimately did, after her section’s initial drafting by Kelly and company.   She was quite busy, evidently.

Thus concludes Kelly’s testimony about the Path Forward.  That was easy. So will there be more defense evidence on AE155?  Nevin tenders an affidavit, but calls no further witnesses.  Other defense counsel have documents, to be submitted now or ex parte. It appears there will be government witnesses to come.  We'll hear from them next.  

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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