Month: April 2014

13 April 2014 (GTMO Day 2 + Selected Pics)

I know it is going to sound crazy, but I went boating and snorkeling today in Guantanamo Bay! What an amazing experience. The water was so warm and it is gorgeous. Definitely a change of pace from Chicago weather. We also got to see the Cuba-USA maritime border line from the boat, which was very cool to experience.

We were out in the sun for about 5 hours, so must of us relaxed for about an hour once we got back to Camp Justice. We did another run to the NEX, to get any supplies people forgot yesterday. Afterwards, we went to dinner at the Pub, which for future IU Affiliates, it does have a good burger.

When I got back from the dinner, I went to the NGO Lounge and worked on Blog material and read over Chief Prosecutor Mark Martins Remarks at Guantanamo Bay today (13 April 2014). Also, I re-read the Competency Motions because after talking with the Defense Team yesterday, this issue is probably going to take up most of the week.

Please see below selected photos from Day 2. The internet is only dial-up speed, so it takes FOREVER to upload photos. Once I am back in the US, I will post the rest of the photos from each day.

MWR Marina. Morale, Wellness, and Recreation.

MWR Marina. Morale, Wellness, and Recreation.

 

On the boat trip, we could see Cuba. Apparently, it is the mountains in the background.

Cuba in the background.

 

A view of GTMO from the boat.

A view of GTMO from the boat.

 

A picture from Guantanamo Bay. We tied up to that buoy in the water and went snorkeling.

A picture from Guantanamo Bay. We tied up to that buoy in the water and went snorkeling.

 

Some of the crew on the other boat.

Some of the crew on the other boat.

 

An old dock where ships used to tie off.

An old dock where ships used to tie off.

 

An iguana at the marina when we got back.

An iguana at the marina when we got back. Apparently, this is only considered a “medium” sized iguana at GTMO!

 

Guantanamo’s 9/11 hearing – 12 April 2014 (GTMO DAY 1) (Jeff Meding)

I woke up on time and did not miss my flight! I woke up at 4:45 AM and a cab got me at 5:45 AM. I arrived at AAFB at 6 AM and checked in. I still can’t believe I’m going to GTMO! Speaking of which, I just saw Brig. Gen. Mark Martins, Chief Prosecutor for the MC. I think the disbelief will wear off once I’m there. I am looking forward to this trip and the lasting memories I’m sure it will create. I arrived safely at GTMO at around 2 PM EDT and the experience so far has been great! We took a ferry ride from the airport to Camp Justice. The view was incredible and it was crazy to think that Cuba was just a few miles away. Once we arrived at Camp Justice, we did a bunch of procedural duties. We got our Security Badges in order to enter the court room and toured the base real quick. We went to the Navy Exchange Commissary, also called the “NEX” in order to get some supplies for the week. After the NEX, we went to a BBQ. The Defense team for Ammar al-Baluchi had us over for a cookout and everyone was very nice. I spoke with Lt. Col. Sterling Thomas, lead counsel for Ammar al Baluchi, for awhile and he was awesome. He was a really nice guy and easy to talk to. He provided information on some of the difficulties he has had with trying to fully defend his client. Some of these issues include: atty-client privilege information, the prosecutions non-disclosure of evidence and the Govt placing “smoke detectors” in the rooms where clients and attorneys meet.

Still can’t believe I am here, it is somewhat surreal in a way.
Please see below selected photos from Day 1. The internet is only dial-up speed, so it takes FOREVER to upload photos. Once I am back in the US, I will post the rest of the photos from each day.
This was the ferry ride from the GTMO Airport to Camp Justice on the other side of the Bay.

This was the ferry ride from the GTMO Airport to Camp Justice on the other side of the Bay.

 

Camp Justice

Camp Justice

 

Camp Justice Entrance

Camp Justice Entrance

 

A picture of some of the tents at Camp Justice.

A picture of some of the tents at Camp Justice.

 

Tent A7 was my home for nearly a week.

Tent A7 was my home for nearly a week.

 

I had this portion of the tent to myself. There were 3 other individuals that shared a tent with me.

I had this portion of the tent to myself. There were 3 other individuals that shared a tent with me.

 

Full view of the inside of the tent I stayed in.

Full view of the inside of the tent I stayed in.

 

A refrigerator and microwave. Not too bad for living in a tent.

A refrigerator and microwave. Not too bad for living in a tent.

 

Entrance to the NGO Lounge.

Entrance to the NGO Lounge.

A picture of the NGO Lounge. This is where NGO's typically go to get work done.

A picture of the NGO Lounge. This is where NGO’s typically go to get work done.

 

Another view of the NGO Lounge.

Another view of the NGO Lounge.

 

Lounge

Lounge

 

NGO office area in the Lounge. This is where I set up shop to get work done while I was at GTMO.

NGO office area in the Lounge. This is where I set up shop to get work done while I was at GTMO.

Other NGO Binders in the Lounge Office.

Other NGO Binders in the Lounge Office.

IU McKinney PIHRL MCOP Briefing Book.

IU McKinney PIHRL MCOP Briefing Book.

Briefing Book View 2.

Briefing Book View 2.

 

The Briefing Book made a great addition to the NGO Binders. Other NGO's on the trip were very impressed with the Briefing Book!

The Briefing Book made a great addition to the NGO Binders. Other NGO’s on the trip were very impressed with the Briefing Book!

GTMO Naval Station sign. This is located on Sherman Road, the main road through GTMO.

GTMO Naval Station sign. This is located on Sherman Road, the main road through GTMO.

11 April 2014

I flew out of Chicago Midway at 11 AM, well my flight was delayed so more like 1130 AM. During the flight, I read a law review article by Jonathan Hafetz entitled Diminishing the Value of War Crimes Prosecutions: A View of the Guantanamo Military Commissions from the Perspective of International Criminal Law. Also, I re-read the Motion regarding the competency of Ramzi Binalshibh.

I arrived in DC around 2 PM and went straight to my hotel, which was located about 5 miles away from AAFB. I did a Skype call with Professor Edwards International Law class to watch a lecture by Mr. Rick Kammen. Mr. Kammen is learned counsel for Al-Nashiri. His lecture was very informative and he provided good detail into what to expect while I am at GTMO.

Called it an early night since I have to be at AAFB by 6:30 AM tomorrow. In order to ensure I wake up, I set 4 alarms. I set two alarms on my phone, one on the hotel alarm clock, and I scheduled a wake up call from the front desk of the hotel. If you could not tell, I am slightly paranoid I may miss my flight in the morning!

 

10 April 2014

2 more days until I leave for GTMO!

Today was a big prep day in terms of making sure I had all the necessary paperwork and supplies to bring with me. Last minute details and emails to confirm plans. Based off of all the information I read, I finished my GTMO Review and Questions document for my trip. After taking the time to make this, I feel very prepared for this trip!

I went and picked up the Briefing Book from the FedEx Office and it looks better than I had anticipated. I am really happy with the end product and proud of all the hard work Qifan and others put into making this. I am proud I get to represent the IU McKinney PIHRL MCOP and glad I get to provide the Briefing Book to the NGO Library for future IU Affiliates and NGO’s to use.

In the afternoon, I looked at the Referred Charges for the 9/11 case and read two great articles by Jennifer K. Elsea.  The articles are The Military Commissions  Act of 2009  (MCA 2009): Overview and Legal Issues and Comparison of Rights in Military Commission Trials and Trials in  Federal Criminal Court. After having some general knowledge about the MC, I would definitely suggest that people read these two articles to fill in any gaps and tie things together. Both are very informative and provide a great comparison of the MC v. the Fed. Crim. Ct. system.

Finally, I packed and since I am OCD I checked a million times to make sure I had everything!

9 April 2014

I received news from Ms. Kristin Brockett that the Briefing Book should arrive tomorrow at the FedEx Office near my apartment in Chicago!

Also, today I received an email from Mr. Ben Fenwick, Program Analyst for the OMC, which contained my Traveling Forms and last minute information. I received an Invitational Travel Order form and an APACS (Aircraft and Personnel Automated Clearance System) form. It is nice to have 100% confirmation that I am cleared for the flight to GTMO.

Some of the last minute details include being at AAFB by 6:30 AM on Saturday, April 12, what the plans are when we arrive at GTMO, and what time we are going to a BBQ. The NGO’s were invited to a BBQ by the Defense Team for Ali Abdul Aziz Ali aka Ammar al-Baluchi. I am excited to get to talk with the Defense Team and get their insights into the MC. Finally, if anyone has ever seen the movie Zero Dark Thirty, the character Ammar who is waterboarded, is allegedly Ammar al-Baluchi.

 

8 April 2014

Today was one last review for the Briefing Book. Ms. Qifan Wang and I double-checked the Table of Contents, Cover Sheet, Intro/FAQs and Inserts for Document 23 and 33. We also made sure all of the links were correct and up-to-date. After the edits, it looks like the Briefing Book should be printed off tomorrow! I look forward to seeing the finished product. Please see below a Table of Contents for the Briefing Book.

TABLE OF CONTENTS- Briefing Book

After I was done with this, I reviewed all of the documents in sections B-D of the Briefing Book. While reviewing this information, I began to create a GTMO Review and Questions file, in order to feel more prepared for the Hearings.

 

 

7 April 2014

First order of business today was to figure out if my health insurance covers me outside the US — in Cuba.

Answer: Yes it does!

Hopefully, I will not need to use my coverage in GTMO though. I emailed Mr. Fenwick, OMC point of contact, in order to find out further details about the trip. Please see below the questions and answers. Maybe this information can be helpful to future IU Affiliates or other NGO’s traveling to GTMO.

1. When we arrive in Guantanamo, are we allowed to contact family members and let them know we arrived safely? Can we call, text, or email them while we are in GTMO?

***Your cell phone won’t work at GTMO, but there is an ability to purchase calling cards to call home.  There is a phone in your tent and the lounge area for your usage.  If you sign up for internet ($150 per week) you could contact family that way OR we can get you signed up for the free base WiFi (somewhat reliable).  So, yes there will be a way to contact family, but the connectivity is somewhat limited***

2. On the trip from AAFB to Guantanamo, are we limited like a regular flight to 1 carry on and 1 checked bag?

***This would be correct, but most individuals check their luggage rather than worrying about carry-on items.  There is the 3 ounce rule as any commercial flight, so I would highly suggest you just pack everything into your checked luggage for your trip***

3. I understand business casual is appropriate during the day. However, do we need to wear a suit and tie when we attend the Hearings? Even if we don’t have to wear a suit and tie, do most NGO’s who attend wear suits & ties? Also, do men have to be cleanly shaven or are we allowed to keep a groomed beard?

***Most individuals wear kakis or other type of outfits for the courtroom gallery.  Some have worn suits, but that is totally up to you.  As it is very hot/dusty/windy down at GTMO, I would recommend against a suit.  Your shaving is totally up to your preference***

4. While at GTMO, do we need to bring towels to shower with or will towels be provided?

***A shower towel will be provided, as with sheets, etc.  If you are prone to being cold I would bring an extra blanket.  I would also suggest an extra towel if you prefer something softer or larger.  Also remember some sandals or flipflops to walk between your tent and the shower tent***

5. Finally, if I bring down a binder of material prepared by the IU McKinney PIHRL MCOP, will I be able to leave it in the GTMO library or somewhere else on base for Judge Patricia Riley who will be attending the USS Cole hearings? Also, if I leave the binder there will other NGO’s have access to it? The idea is for other NGO’s to have access to it if they wish to use it.

***You can leave the binder in the NGO lounge for future participants or individuals to use.  There is a small backroom that other NGO groups have left items.  The Government is not responsible if anything is lost or stolen though, so just something to keep in mind.***

In addition to helping Qifan Wang with the Briefing Book, I uploaded a PDF entitled “Military Detention of Suspected Terrorists in the 21st Century” to Dropbox. This was a PP presentation I gave last spring in my Military Law class. I could not have imagined that while preparing this PP, I would eventually have the opportunity to go to GTMO where the alleged 9/11 terrorists are being held. I hope this PP presentation gives IU Affiliates and other individuals a general background on who the military can detain, what legal authority governs military detention, and how long suspected terrorists can be detained.

Finally, I read over all of the “Materials prepared by the OMC” in the Briefing Book in order to have a better foundation when I arrive for the hearings.

 

 

6 April 2014

First, I have to thank Ms. Qifan Wang, J.D. candidate at IU McKinney, for all of her help today! She has been fantastic to work with on this Project! The IU McKinney PIHRL MCOP is lucky to have her on board. All I can say about today is BRIEFING BOOK! Lots of time reviewing, editing, and making overall adjustments. When I was not working on this, I spent time reading over the Charging Information for the 9/11 defendants.

5 April 2014

1 week until I leave for GTMO!

I spent a lot of time today preparing the Briefing Book. It is definitely a lot of work, but I think the final product will be very beneficial to me and future IU Affiliates. I read over the Official MC Documents in order to have a better familiarization of the law. Finally, I sent Prof. Edwards an updated Pre-Mission Draft List, which contained additional information on the 9/11 defendants.

4 April 2014

There are 19 Motions scheduled to be heard during the 4 days. Listed below is a summary of the Motions. I continued working on material for the Pre-Mission List to GTMO. I uploaded all the publicly available motions listed on the docket to DropBox, so other Affiliates traveling to Ft. Meade have easier access to this information.

Summary of Motions Scheduled

Motion Number Legal Team Pleading Brief Summary
AE152J Prosecution Motion for R.M.C. 909 Hearing The prosecution asks the Commission to establish the competency of Ramzi bin al Shibh to stand trial
AE013III Defense Motion for Appropriate Relief Defense counsel have legal objections to Commission order to sign memorandum of understanding for Protective Order AE013CCC and AE013DDD
AE 008 Defense Motion to Dismiss For Defective Referral The defense position is that the Convening Authority did not charge the defendants properly.
AE 031 Defense Motion to Dismiss for Unlawful Influence The defense position is that the President of the United States put pressure on the Convening Authority, Vice Admiral McDonald to bring forward the case against the defendants.
AE 192 Defense Motion to Disqualify The defense position is that the Legal Advisor to the Convening Authority unlawfully interfered with the professional judgment of the Chief Defense and Military Learned Counsel.
AE 196 Defense Motion to Disqualify The defense position is that the Chief of Operations for the Convening Authority unlawfully interfered with the professional judgment of the Chief Defense and Military Learned Counsel.
AE 254 Defense Emergency Motion The defense position is that JTF-GTMO has not provided sufficient attorney-
AE 052 Prosecution Government Ex Parte, In Camera Notice This prosecution motion is classified; no information is available.
AE 112 Defense Motion to Compel White House and DOJ policy on Rendition, Detention, and Interrogation Program The defense seeks to compel discovery about the policies underlying the rendition, detention, and interrogation program.
AE 114 Defense Motion to Compel Information regarding Buildings in Which Defendants May Have Been Confined The defense asks the prosecution to produce evidence about any facility where the defendants were held.
AE 118 Defense Motion to Abate Proceedings Pending Compliance with Protective Order #1 The defense position is that the government has not provided sufficient guidance on handling classified information.
AE 182 Defense Motion to Possess and Resume Use of a Microsoft-Enabled Laptop Computer The defense asks that the defendants have access to standalone computers to work on their defenses.
AE 183 Defense Motion for Telephonic Access for Effective Assistance of Counsel The defense asks to be able to communicate by telephone.
AE 195 Defense Defense Motion to Compel Production of Communications Between Government and Filmmakers of Zero Dark Thirty The defense seeks information about government involvement with the movie Zero Dark Thirty.
AE 206 Defense(Mohammed) Motion to Cease Daily Intrusive Searches of Living Quarters and Person The defense wants the prison to use less intrusive means to search for physical contraband.
AE 036E Prosecution Motion to Clarify Order AE036D The prosecution asks the Judge to order that the prosecution has control over all witnesses, including remote testimony.
AE 036G Defense Motion to Compel Discovery The defense wants the Judge to compel discovery on government policy of producing witnesses.
AE 036H Defense Motion to Compel Witnesses The defense wants the Judge to compel witnesses on prosecution statements regarding costs of producing witnesses.
AE 214 Defense Motion to Compel access to Government of Saudi Arabia. The defense requests that the Military Commission compel the Secretary of Defense to facilitate communications between Mr. Hawsawi and Saudi Arabia.

                                                                          

3 April 2014

Received an email from the Defense Team of Ammar al Baluchi that contained a packet of information to help NGO’s navigate the week’s events. Read over all the material sent.

The packet included:

Hearing information pamphlet

  • Describes generally what we can expect to see in court and a chart summarizing the motions.

GTMO Glossary

  • Contains common terms used in Military Commissions- military jargon and acronyms- to help follow the arguments.

Unofficial Annotated Docket,

  • Has links to key documents for all publicly available motions listed on the Docket.

2 April 2014

Received an email from the OMC containing some tips and advice for my trip to GTMO.

Some Tips and Advice include:

  • My travel documents (Invitational Travel Orders and Country Theater Clearance) will be emailed to me the week of April 7th.
  • I need to bring five copies of each document with you while traveling to Guantanamo Bay, Cuba.
  • REMEMBER YOUR PASSPORT!!
  • Arrive at the Main Gate at AAFB no later than 0630 on April 12
  • We will be staying in tents while at GTMO, so we need to bring flip-flops, or other cheap shoes, to use as it is a short walk between the tents and the showers/bathrooms.
  • The tents are kept very cold to ensure wildlife remains outside. Please pack appropriately (extra blanket, warm clothes, etc.) if you are prone to being cold.

Started to develop a list that will hopefully one day be used as “Guidelines for MCOP Affiliates Before, During, and After Travel to GTMO or Ft. Meade for MC Hearings”

Finally, I emailed Judge Riley to talk about additional information for the trip.

1 April 2014

Received news today that I passed the February 2014 Illinois Bar Examination! Spoke with Judge Riley over the phone about our upcoming trips. Also, read over some of the transcripts from previous hearings.