Nashiri Motions Hearing #3: Scheduling Matters

Following his non-resolution of the conflicts issue, Judge Pohl announces a kind of schedule for the hearing. He will, he says, begin with the constitutional issues, then handle discovery issues, then consider classified evidence issues. Then, shortly before lunch, he says, he will stop and address the courtroom closure issues. Just so everyone’s clear, Judge Pohl says, there is no current order closing the court for anything. Any representations to that effect are premature, he says. His plan is to discuss in open session whether there is need to close the court for any purpose. Attorney David Schulz will have opportunity to represent the position of the press, and then, in accordance with the rules, Judge Pohl will have a closed session to determine whether any additional closed evidentiary session is required. This session will simply determine whether there is a need to close any further sessions, That’s the way it is done in every federal court of which Judge Pohl is aware, he says. His plan is to do that part at 1300. And when that is done, he says, he will reopen the commission and announce any further closure. Mattivi verifies that the session at 1300 will be on the record, and that the transcript will be unclassified and released as soon as possible. Judge Pohl responds that the session will discuss classified information. How it is redacted and scrubbed is the province of the government, not him. What can be released will be, he says, but that’s not up to me. The court reporters don’t work for him. Defense attorney Commander Stephen Reyes says he believes argument can be done entirely in open session. The court moves on to the constitutional issues.