Docketing Orders for Upcoming Sessions in 9/11 and Al-Nashiri Cases

Mark your calendars. Here's the agenda for the next hearing in the 9/11 case, which is set to begin on April 22 and to conclude on April 26.   From that document:

3. The Commission will hear argument on the following motions during the session: a. AE 008: Defense Motion to Dismiss For Defective Referral (witness testimony) b. AE 018: Government Motion for Privileged Written Communications Order c. AE 031: Joint Defense Motion to Dismiss for Unlawful Influence (witness testimony) d. AE 032: Joint Defense Motion for Appropriate Relief to Protect Right to Counsel by Barring Invasion of Privileged Attorney Client Communications e. AE 049: Government's Renewed Motion For Privileged Written Communication f. AE 052: Government's Consolidated Notice Regarding Ex Parte, In Camera Filing and Motion for Finding (classified) g. AE 079: Motion of Mr. Mohammad, Mr. bin 'Attash, Mr. bin al Shibh, and Mr. al Baluchi to Defer Consideration of AE052 h. AE 080: Joint Defense Motion To Preserve Evidence of Any Existing Detention Facility i. AE 091: Motion to Dismiss Because the Military Commissions Act Unconstitutionally Requires the Convening Authority to Act as Both Prosecutor and Judge of the Defendants j . AE 104: Motion to Dismiss the Charges Because the Military Commission Act of 2009 Exceeds Congress' Power Under the Define and Punish Clause k. AE 105: Defense Motion to Dismiss Because the Convening Authority Assumes the Responsibilities of an Officer of the Government Without the Minimal Procedures Required by the Appointments Clause to Ensure Democratic Accountability l. AE 106: Motion to Dismiss the Charges Because the Military Commission Act of 2009 Violates the Due Process Clause m. AE 107: Defense Motion to Dismiss for Lack of Jurisdiction n. AE 112: Defense Motion to Compel Discovery Related to White House and DOJ Consideration of the CIA Rendition, Detention and Interrogation Program AE 114: Motion to Compel Discovery of Information Related to Buildings in Which the Accused or a Potential Witness Has Been Confined p. AE 119: Defense Motion to Dismiss and Compel a Status Detennination pursuant to Article 5 of the Geneva Conventions q. AE 133: Defense Motion to Remove Sustained Barrier to Attorney-Client Communications and Prohibit Any Electronic Monitoring and Recording of Attorney-Client Communication in Any Location, including Commission Proceedings, Holding Cells, and Meeting Facilities and to Abate Proceedings r. AE 136: Government's Memorandum of Law Regarding Accused's Presence During Closed Proceedings s. AE 144: Government Notice of Ongoing Command Investigation (Legal Bins)

The 9/11 session will follow another hearing in the other Guantanamo capital case, United States v. Al-Nashiri.  That will last from April 15 to April 18, and likely address these items, according to Judge Pohl's latest docketing order:

  4. The commission will hear argument on the following motions (and related motions requesting relief in the form of witnesses or discovery) during that session, in an order to be decided by the Military Judge at the beginning of the 15 April 2013 session, as the interests of justice require: a. AE 013J Defense Motion to Amend Protective Order #1 to Include a Defense Security Officer b. AE 045 Government Motion for a Scheduling Order c. AE 048C Defense Renewed Motion to Dismiss the Charge of Conspiracy d. AE049C Defense Renewed Motion to Dismiss the Charge of Terrorism e. AE 056* Government Motion for Oral Depositions (*if appropriate to litigate at 15 April session) f. AE 092 (Classified) g. AE 099D Government Motion for the Commiss on to Discuss with the Accused Matters Considered by the Commiss ion During the 18- 19 July 2012 and 23 October 2012 Sessions h. AE 107 Defense Motion to Compel the Convening Authority to Fund Two Individuals to Act as Defense-Initiated Victim/Survivor Outreach (DIVO) Liaison (plus witness production issue) i. AE 109 Defense Motion to Take Judicial Notice that the Confrontation Clause of the Sixth Amendment to the Constitution of the United States, as Interpreted by the United States Supreme Court Applies to this Capital Military Commission j. AE 114 Defense Motion to Find that R.M.C. 703(c) violates 10 U.S.C 949j (a)(I) and Mr. al Nashiri 's Constitutional and Statutory Rights to due process k. AE 118 Defense Motion to Cease the Use of Belly Chains on the Accused by JTFGTMO l. AE 120 Defense Motion to Compel Discovery of Information in the Possession of any Foreign Government and the United States related to the Arrest, Detention, and Interrogation of Mr. al Nashiri (Classified) m. AE 131 Defense Motion to Compel Production of Representative of the OCA to Testify at the Hearing on AE 112 n. AE134 Government Motion for Hearing to Identify and Minimize Amount of Closure of Proceedings Compelled by Defense Reply AE118B o. AE 135C Defense Motion for Appropriate Relief - Defense Request That the Medical Examination of the Accused by Defense Expert Assistant Be Conducted Without Restraints and outside the Immediate Physical Presence of the JTF Guard Force p. AE 140 Government Motion For Inquiry Into The Mental Capacity Of The Accused Under R.M.C. 706 q. AE 141 Defense Motion to Compel Discovery of the Prosecution's Prudential Search Requests r. AE 142 Defense Motion to prevent Mr. AI-Nashiri from Being Removed from the Courtroom During a Closed Session s. AE 143 Defense Motion to Compel a Copy of All Discovery Provided to Habeas Counsel t. AE 144 Motion to Compel Discovery in the Possession of the United States Attorney for the Southern District of New York Demonstrating the Guilt of Fahd Mohammed Ahmed alQuso and Jamal Ahmed Mohammad Ali al-Badawi Relat ing to the Present Charges u. AE 145 Motion for the Commission to Consider the Defense Request for Expert Assistance In Camera and Ex Parte and to Compel the Convening Authority to Approve Funding the Expert as a Defense Consultant v. AE 146 Motion for the Commission to Consider a Second Defense Request for Expert Assistance In Camera and Ex Parte and to Compel the Convening Authority to Approve Funding the Expert as a Defense Consultant w. AE 148 Defense Motion for Appropriate Rel ef: All Future Conferences Held Pursuant to R.M.C. 802 Be Recorded and Made a Part of the Official Record