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

June 11 Session #1: Departures and Arrivals

Wells Bennett
Tuesday, June 11, 2013, 9:11 AM

The proverbial gavel sounds; the military judge, resplendent as ever in his robes, returns; Al-Nashiri’s case resumes.  He is in the courtroom, seated at the far left of counsel table.

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The proverbial gavel sounds; the military judge, resplendent as ever in his robes, returns; Al-Nashiri’s case resumes.  He is in the courtroom, seated at the far left of counsel table.

First there’s some housekeeping: a new prosecutor, LT Bryan M. Davis, will join the government’s trial team. There have been changes for the other side, too, explains a goateed Richard Kammen, the accused's lead attorney.  CDR Stephen Reyes has left, with Al-Nashiri’s consent, and been replaced by a new lawyer.   Seeking to confirm as much, Judge James Pohl reminds Al-Nashiri of his counsel rights, which they last discussed in November; the accused recalls this.  And when asked, Al-Nashiri affirms his voluntary decision to release Reyes and to add a new lawyer, Capt. Daphne Jackson of the U.S. Air Force.

Wait: are the audio-monitoring headphones working for Al-Nashiri?  Would he prefer to use the speaker system at the counsel table instead?  No, he’d rather the headphones.  But we’ll need a brief recess to get them set up.

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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