Statement from the Chief Prosecutor Regarding This Week's Hearings in Al-Nashiri

Good evening. Abd Al Rahim Hussayn Muhammad Al Nashiri stands charged with serious violations of the law of war for his alleged role in attacking the United States warship USS Cole (DDG 67) and the French vessel MV Limburg and in attempting to attack the United States warship USS The Sullivans (DDG 68). I emphasize that the charges are only allegations. Mr. Al Nashiri is presumed innocent unless and until proven guilty beyond a reasonable doubt. I also emphasize that matters under consideration by a military commission in this or any other particular case are authoritatively dealt with by the presiding judge, and that any comments below addressing systemic issues that are the subject of frequent questions by observers should always be understood to defer to specific judicial rulings, if applicable. During the next two weeks, the military commission convened to try Mr. Al Nashiri will hold another series of sessions without panel members present. These pre-trial sessions are an indispensable part of this sharply adversarial process and are necessary to the fair and open administration of justice. Through them, the Judge resolves legal and evidentiary issues in an orderly and methodical way so that we may reduce interruptions and delays at trial, after the jury of officers has been seated and then examined and challenged by the parties to ensure impartiality. The time and rigor demanded by these proceedings are not luxuries, though we can all understand those survivors and family members of the fallen who feel frustration at the pace of justice. Bound together by heartbreaking tragedy, they have become a close family. And they have inspired me and so many others not only with their bond, but with their stories of strength, determination, and sacrifice. Today I recall the reflections of one mother who lost the third of her five sons more than a decade ago. With tenderness and courage, she shared her memories of him, a duty-minded sailor whose ashes she buried at sea along with those of his father, who had passed away four years earlier. Despite the added toll her son’s loss has taken on her, she continues to stand resolute, waiting for the start of trial. That day is coming. Although the precise start date remains the subject of litigation—see United States v. Al Nashiri, Appellate Exhibit 45 series of filings—the current order of the Judge on the matter calls for trial on the merits to begin this year. In the meantime, significant work is underway. Though less visible, this work can be found by examining the filings and judicial orders available on the military commissions’ website and on the DVDs we continue to provide the media and private advocacy groups here in Guantanamo Bay and at the viewing site at Ft. Meade in Maryland. To date, the parties have briefed 221 motions, having argued some 107 of those in courtroom sessions. These submissions have included 16 declarations alleging facts and providing references to inform the Commission’s consideration of the issues. Of the 221 motions the parties have briefed, 27 motions have been mooted, dismissed, or withdrawn, and 140 motions have been submitted for decision. The Judge has ruled on 136 motions. In addition to this intensive pre-trial litigation over legal issues, more than 238,000 pages of material, comprising the government’s case against the Accused, as well as material required to be disclosed to the defense under the government’s affirmative discovery obligations, have been provided to the defense under protective orders long in effect in this case.