Terrorism & Extremism

Military Commission Denies Defense's IT-related Motion to Abate Proceedings in 9/11 Case

Wells Bennett
Tuesday, October 1, 2013, 4:33 PM
That apparently is the gist of AE155, an order handed down today down at Guantanamo---but still not yet available on the military commissions' website.  (We've covered this litigation in detail, most recently here.) We'll have more on this soon, once we get our hands on the order itself.

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That apparently is the gist of AE155, an order handed down today down at Guantanamo---but still not yet available on the military commissions' website.  (We've covered this litigation in detail, most recently here.) We'll have more on this soon, once we get our hands on the order itself.  In the meantime, James Connell III, attorney for 9/11 accused Ammar al-Baluchi, released this statement about the ruling:
GUANTANAMO BAY, CUBA Today, the military commission denied a defense request to pause pretrial proceedings in the 9/11 case until serious information technology problems have been resolved.  The military commission ruled that defense use of the information technology system is ethically reasonable given Department of Defense plans to improve the system. The military commission heard three days of testimony in September about missing files, the production of defense emails to the prosecution, and the Chief Defense Counsel directive to stop using the network.  "The problem is that very little has actually changed," said James Connell, an attorney for Ammar al Baluchi.  "There are hopes that the system will improve in the future, but for now, the IT problems still handicap the defense." The military commission also ruled today that pretrial hearings in the 9/11 case will go forward in October, December, February, and April.  No trial date has been set.

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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