More Order in the Court: Procedures for This Week's Hearing in the 9/11 Case
Just so y'all know: the military commission expects a more orderly affair this time around, in United States v. Mohammed et al. More orderly, at any rate, than May's rough-and-tumble arraignment. How do we know, exactly? Well, have a look at Judge Pohl's order regarding hearing procedures. The pertinent part of the order is below.
Given the number of trial teams and motions to be considered, the following procedures apply during all motions hearings: a.
Published by The Lawfare Institute
in Cooperation With
Just so y'all know: the military commission expects a more orderly affair this time around, in United States v. Mohammed et al. More orderly, at any rate, than May's rough-and-tumble arraignment. How do we know, exactly? Well, have a look at Judge Pohl's order regarding hearing procedures. The pertinent part of the order is below.
Given the number of trial teams and motions to be considered, the following procedures apply during all motions hearings: a. The Commission will only consider written motions that have been fully briefed. Absent extraordinary circumstances, oral requests for relief will not be considered. b. The Commission will only consider, and counsel will only argue, fully briefed issues. c. Each trial team will have one opportunity to be heard on each motion. The proponent will be heard first. Absent extraordinary circumstances or questions by the Commission, no side will present rebuttal or surrebuttal argument on motions. d. One attorney from each trial team will be permitted to argue a motion or to examine a witness. e. Once the Commission has ruled on an issue, there will be no further argument on the same issue absent a written request for reconsideration.
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.
