October 19 Commission Session #8: Statement from the Chief Prosecutor

Today was the last of five days of pre-trial sessions this week in the case of United States v. Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi.  The five accused face charges alleging lead roles in, among other things, the deadliest attacks against civilians on United States soil in our nation’s history.  During the week, this Military Commission addressed many initial matters necessary to the conduct of a fair and public trial of offenses whose vast scope, massive response, and continuing relevance to countering international terrorism have presented our legal system and government with unprecedented practical and procedural challenges.  Unprecedented but by no means insuperable.  Although the events that will be the focus of this trial are uniquely in the public consciousness, there are sound and tested procedures for conducting complex joint prosecutions.  The major achievement of the week was the completion of argument over two protective orders that—if soon issued in final versions to be determined by the judge—will enable the defense to view enormous amounts of government information stemming from the investigation and other related materials, thus ensuring each accused has a meaningful opportunity to challenge the prosecution’s case while also providing for an open trial and protecting our national security interests.  I emphasize that the charges are only allegations and that the accused are presumed innocent unless and until proven guilty beyond a reasonable doubt.