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

June 11 Session #6: On Recording 802 Conferences

Raffaela Wakeman, Wells Bennett
Tuesday, June 11, 2013, 2:09 PM

Lunch recess comes to a close and the commission is again called to order.  Before moving to our next docket item, Kammen identifies his pending expert requests.  Then he registers another complaint about attorney-client meetings: another of the defense’s lawyers tried to meet with Al-Nashiri this week, but GTMO personnel said he could not bring a briefcase.

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Lunch recess comes to a close and the commission is again called to order.  Before moving to our next docket item, Kammen identifies his pending expert requests.  Then he registers another complaint about attorney-client meetings: another of the defense’s lawyers tried to meet with Al-Nashiri this week, but GTMO personnel said he could not bring a briefcase.

Now under discussion is AE148: the defense wants 802 conferences---informal, administrative chats regarding logistics and courtroom process---to be recorded, and made a part of the official record.  The court cuts this one to the quick: he has discretion to order this relief, and will do so as appropriate---though not across-the-board.  Thus the motion is denied in part and granted in part, in that Judge Pohl will call for recording when necessary.

That was easy.  Will the next motion---one at the very heart of the military commissions’ nature, in Kammen’s words---be so easy?


Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT. Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.
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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