Chief Prosecutor Statement on This Week's Hearing in <em>Al-Nashiri</em>

Between pre-trial sessions, significant work has remained underway. Since the August sessions, the parties have briefed in writing 32 pleadings, and the Commission has issued 49 orders or rulings. Among them are an order scheduling additional pre-trial sessions in December and every month from February through June 2015 (AE 203J); an order granting a government motion for an evidentiary hearing during which the government will seek to pre-admit 93 photographs and three videos of USS COLE (DDG 67) and the surrounding area (AE 283C); a ruling denying a defense motion to strike the death penalty as a due-process violation (AE 264B); and an order granting a defense motion for a timeline governing the provision of discovery regarding the CIA’s former Rendition, Detention, and Interrogation Program (AE 120OO). Also since August, the government has reproduced discovery with markings enabling the defense to display classified information to the Accused (AE 45JJ), and it has produced higher-resolution photographs of latent fingerprints (AE 45LL). Here are additional examples of the cumulative work that has been accomplished to date: • More than 240,000 pages of material comprising the government’s case against the Accused, as well as material required to be disclosed to the defense under the government’s affirmative discovery obligations, have been provided to the defense under protective orders long in effect in this case. • The parties have briefed in writing 366 motions and have orally argued some 276 motions in previous pre-trial proceedings. • Of the 366 motions briefed, 44 have been mooted, dismissed, or withdrawn; 261 have been ruled on by the Commission; and an additional 32 have been submitted for and are pending decision. • The Commission has now received testimony from 11 witnesses in more than 14 hours of testimony, with all witnesses subject to cross-examination, to assist it in deciding pre-trial motions. • The parties have filed 34 exhibits and 19 declarations alleging facts and providing references to inform the Commission’s consideration of the issues.