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Responses from Three 9/11 Defendants on Severance

Wells Bennett
Saturday, June 2, 2012, 8:23 AM
According to the Miami Herald's Carol Rosenberg, only three of the 9/11 defendants weighed in on the question, put to the prosecution by Judge James Pohl, of why the men should not be tried separately. Rosenberg reports that only James Connell III, lawyer for Ammar al-Baluchi (aka Ali Abdul Aziz Ali), sought a separate trial for his client.

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According to the Miami Herald's Carol Rosenberg, only three of the 9/11 defendants weighed in on the question, put to the prosecution by Judge James Pohl, of why the men should not be tried separately. Rosenberg reports that only James Connell III, lawyer for Ammar al-Baluchi (aka Ali Abdul Aziz Ali), sought a separate trial for his client.  Attorneys for Ramzi bin al Shibh and Walid bin Attash filed responses, but in them expressed no views as to severance.  Bin al Shibh's lawyers claim that it is too early to do so; bin Attash's defense team says that it has not yet seen enough evidence to take a position. Khalid Sheikh Mohammed and Mustafa al-Hawsawi have sought additional time to file their comments.  The article says that their request has been granted. We haven't yet seen the relevant pleadings, which are still undergoing security review.

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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