The 9/11 Hearings are recessed this morning (Wednesday, December 9) because Mr. Mustafa al Hawsawi did not voluntarily waive his right to be present at the proceedings.

Mustafa al Hawsawi

Mr. al Hawsawi was forced to choose between attendance at today’s Military Commission hearings or a meeting with the International Committee of the Red Cross.

Under the Military Commission’s procedures in place here for the 9/11 proceedings, a defendant must attend the proceedings or voluntarily waive his right to attend.  If a defendant chooses not to attend, but does not do so voluntarily, the Joint Task Force must “force” the defendant to come to the proceedings.

Judge Pohl “sternly” advised the government that although he understands that there are “a lot of fingers in  the pie” and “no unity of command” it is not acceptable to have these kinds of easily avoidable delays.  The hearings are now in recess to permit Mr. al Hawsawi to attend his ICRC meeting this morning and then attend the hearings this afternoon.

In the afternoon we are set to pick up with the female guard issue.

By: Catherine A. Lemmer, 9 December 2015, 9/11 Hearings Guantanamo Bay