Figure 1 An artist’s interpretation of Mr. Abd a-Rahim al-Nashiri at his arraignment in 2011.
Introduction
I am scheduled to travel to Guantanamo Bay, Cuba, from 30 July to 6 August 2022 to monitor pre-trial hearings in the U.S. Military Commission case of US v. Al Nashiri. Mr. Abd a-Rahim al-Nashiri is the alleged mastermind behind the USS Cole bombing off the coast of Yemen on 12 October 2000. That attack killed 17 U.S. Navy sailors and injured dozens more.
I became aware of the opportunity to travel to Guantanamo Bay in the 2022 spring. I was a first-year law student at Indiana University McKinney School of Law. Professor George Edwards, the Director of the Program in International Human Rights Law (“PIHRL”, pronounced “Pearl”) at IU McKinney, sent a series of emails to students explaining that the Pentagon had granted the PIHRL “Non-Governmental Organization Observer Status” (“NGO Observer Status”), and that status permitted the PIHRL to send students, faculty, staff, and graduates to Guantanamo. Professor Edwards had created the Military Commission Observation Project (MCOP), as part of the PIHRL. Each Guantanamo email I saw in my inbox sparked my interest, and finally I decided to apply. After waiting, an interview, and more waiting, I was told that the MCOP had nominated me to the Pentagon for this Guantanamo mission.
About Me
I am a second-year law student at Indiana University McKinney School of Law, and I expect to graduate with my Juris Doctorate in May 2024.
Before law school, I studied journalism, political science, and international studies at Indiana University in Bloomington, Indiana. I received my degree in 2018 and began working as a marketing specialist in the hospitality industry.
I am also a founding member and director of The Molley Lanham Foundation Inc., a 501(c)(3) non-profit organization. I founded the organization in honor of my late sister, who was murdered in 2019. Our goal is to provide a healing space to survivors of homicide.
My passion for the law stems from wanting to honor my sister. From my tragedy, I learned the best way to be an advocate for change and a fighter for justice is to get out there and do something about it. I am dedicated to providing meaningful legal work that will positively influence the community I serve.
Application Process
I submitted my application to be an NGO Observer through the Military Commission Observation Project’s online forum in June 2022. Shortly after, I received an email from Professor George Edwards inviting me to interview for the mission via Zoom. I eagerly accepted his invitation. We discussed a few topics in our short meeting including: my first year of law school and some of the habits I created in this new learning environment and the importance of this mission and how the goal was to monitor as an independent and objective observer.
A couple of weeks later, I was humbled to see my nomination in my email inbox. I took a moment to stop and reflect on the journey I was about to embark on – I would be traveling to Guantanamo Bay, Cuba, as an NGO Observer with the duty to fulfill an important mission.
Figure 2 Camp Justice is the Naval Base at Guantanamo Bay. The Military Commissions are held here.
My Mission
As an NGO monitor, my mission is to attend, observe, be seen, analyze, critique, and publish materials on the al-Nashiri hearings. I must do this through the lens of an independent and objective observer.
Preparing for my Scheduled Travel to Guantanamo: Details, Documents, and More Documents
I began preparing for this mission shortly after learning of my nomination. Nominees must read “Know Before You Go to Guantanamo Bay Guide” and the “Guantanamo Fair Travel Manual.” I started my research there and became familiar with this mission’s many details. I also read other NGO Observers’ blog posts shared on the Gitmo Observer. The Gitmo Observer is Military Commission Observation Project of Indiana University McKinney School of Law’s Program in International Human Rights Law website. Observers share their experiences with the program and their time while at Guantanamo.
Additionally, Nominees must fill out many forms when preparing to travel to Guantanamo Bay. As a law student, I must comply with the requirements instructed by the Pentagon, the Program in International Human Rights Law / MCOP, Indiana University (e.g. the Office of International Affairs), and Indiana University McKinney School of Law.
First, I had to notify the Office of International Affairs that I had been nominated for this mission. After the Office of International Affairs has confirmed my nomination, I must complete two sets of requirements. The first set confirms my eligibility to travel and study abroad while the second gathers various health and safety information.
Second, the Pentagon requires six forms to confirm my travel. The forms explain the rules and procedures that are expected to be followed while on base and collect various demographic and personal data from the nominee. The forms are as follows:
the Hold Harmless Agreement;
the NGO Ground Rules for Observation of Military Commissioners;
the Invitational Traveler Worksheet;
the Naval Station Guantanamo Bay Access Pass;
the NGO Representative Procedures for Observation of Military Commissions; and
the NGO Observer Bio.
This step was more complicated than it might seem. The forms require an abundant amount of detail and must be filled out accurately in order to be accepted by the Pentagon. The other nominees and I discussed our questions and concerns to help each other fulfill this step.
Then, I sent the forms to Professor Edwards and the Project’s Acting Deputy Director Charles Dunlap for a final review. I have completed these forms and have submitted all six to the Pentagon.
Third, the Program in International Human Rights Law has its own requirements for NGO Observers to complete. I received the Military Commission Observation Project Checklist to guide my progress in meeting all requirements and will continue to update the checklist as I complete the tasks.
Figure 3 Lauren Lanham, J.D. Candidate and NGO Observer
Conclusion
My scheduled departure date is fast approaching. I take great pride in fulfilling this mission and look forward to sharing this experience with others.
Lauren Lanham
J.D. Candidate (2024)
NGO Observer, Military Commission Observation Project (MCOP)
The United States is prosecuting Guantanamo Bay prisoner Mr. Abd a-Rahim al-Nashiri for allegedly conspiring in, organizing, and planning the bombing of the USS Cole off the coast of Yemen in 2000. The attack killed 17 U.S. Navy sailors and injured dozens more.
Figure 1: An image of the USS Cole
The Program in International Human Rights Law (“PIHRL”, pronounced “Pearl) of the Indiana University McKinney School of Law (IU McKinney) sends students, faculty, staff, and graduate affiliates to Guantanamo Bay to monitor U.S. military commission hearings, such as that in which Mr. al-Nashiri stands charged. The mission for the monitors is to attend, observe, be seen, analyze, critique, and publish materials on Guantanamo proceedings. Monitors serve as a window into these proceedings that are not easily accessible to the general public.
As a student at IU McKinney School of Law, I had seen notices about IU students and other affiliates traveling to Guantanamo and thought that I might like to go there as well. But, with my schedule, the timing never quite worked. When the request for applications came through earlier this summer, I jumped at the opportunity. I finally submitted an application.
Professor George Edwards, the Director of PIHRL, contacted me shortly after for a Zoom interview. After several rounds of interviews and a few adjustments to the statement of interest I originally submitted, I was nominated by the Military Commission Observation Project (MCOP) – which is part of the IU McKinney Program in International Human Rights Law – to travel to Guantanamo in August 2022 to monitor hearings in Mr. al-Nashiri’s case. I am now scheduled to travel to Guantanamo from 6 to 13August 2022 to monitor pre-trial hearings in his case. I plan to continue to post blog entries like this detailing my experiences between now and my scheduled departure, as well as during and after the mission.
In the following sections of this blog post, I offer a quick bio and a recap of the long process between my interviews with Professor Edwards and fulfilling my pre-trip requirements to date.
Figure 2: Camp Justice is on the Naval Base at Guantanamo Bay. The Military Commissions are held here.
About Me
I am a second-year law student at IU McKinney School of Law in the part-time program. I started law school in 2020 and expect to graduate with my Juris Doctor degree in December 2023. I plan to pursue a career in criminal defense after graduation. I work as a law clerk and certified legal intern at the Indiana State Public Defender’s Office representing clients in post-conviction relief cases. I plan to serve as a certified legal intern with the Health and Human Rights Clinic at IU McKinney beginning in August 2022 representing clients in eviction proceedings.
After I graduated from Kenyon College in 2014, I worked in college admissions and pursued my passion of cycling. I worked for bike shops around the country as a master mechanic and promoted access to cycling for youth in the Indianapolis area.
I am glad I was able to gain experiences that helped me clarify my goals before enrolling at IU McKinney School of Law. I realized that the best path for me to help my community was to obtain a law degree. While law school has been a difficult, I consider it a privilege and the reset I needed to pursue my commitment to criminal justice. Law school has led me to a job at the Indiana State Public Defender’s office that I love, and I now also have the opportunity of a lifetime to monitor proceedings at Guantanamo Bay.
Application Process
I submitted my application to be an NGO Observer through the Military Commission Observation Project’s online forum in June 2022. Soon, after, Professor George Edwards invited me to interview for the mission via Zoom. During the interview, Professor Edwards asked about my interest in the program. We discussed the various requirements of the program and potential dates for travel. Unfortunately, I was not able to attend the dates we discussed in the first interview. After that first conversation, I assumed I would not hear back.
A couple of weeks later, I attended a second interview. Again, Professor Edwards and I discussed similar topics. On my second interview, I was asked to give a more detailed response to my fit with the program, and I was asked more detailed questions about my academic background. Shortly after our discussion, I resubmitted my application, supplementing my “statement of interest”, and adding a current resume. Within a few days, I was offered a spot to travel to Guantanamo Bay as a monitor. I am honored to be a part of this program and look forward to playing my role as an objective monitor of court proceedings at Guantanamo Bay.
Process After Nomination: When the Work Starts
After your nomination, you must begin preparing immediately for this opportunity. The requirements and steps that must be taken are shared via e-mail. The first set of emails come in slowly. But, do not relax. The requirements, at times, feel overwhelming.
Nominees must read “Know Before You Go to Guantanamo Bay Guide,” “Guantanamo Fair Trial Manual,” and previous observers’ blog posts on the Gitmo Observer. Nominees must comply with the requirements set by the Pentagon, the Program in International Human Rights Law / MCOP, Indiana University (e.g. the Office of International Affairs), and Indiana University McKinney School of Law. There are many forms that you must complete. And, the forms can be difficult to complete. Nominees are offered a template of past form submissions to guide them through the process. These forms are then reviewed by Professor Edwards prior to submission to the Pentagon. Between the forms from the Pentagon and the PIHRL there are hours of forms to fill out.
Pentagon Forms
The first set of forms to complete are sent to you by the Pentagon. They are as follows:
the Hold Harmless Agreement;
the NGO Ground Rules for Observation of Military Commissioners;
the Invitational Traveler Worksheet;
the Naval Station Guantanamo Bay Access Pass;
the NGO Representative Procedures for Observation of Military Commissions;
the NGO Observer Bio; and
the Foreign National/Dual Citizen form, if required.
Although it is not a requirement for each form, I signed each by hand with blue ink, rather than with an e-signature. This ensures compliance and reduces the chance of having to revise your forms. If you are a dual citizen, there is an additional form that requires a substantial amount of information (i.e. previous 5 years of employment, addresses, social media presence, etc.). The Foreign National/Dual Citizen form is by far the most involved form.
After completing these forms, I sent them to Professor Edwards and the Project’s Acting Deputy Director Charles Dunlap for a final review. After this internal review process, you email them to the Pentagon for final clearance which comes as late as 3-4 days before you leave.
IU Office of International Affairs Forms
I had to notify the Indiana University Office of International Affairs (OIA) of the nomination for this mission. After the Office of International Affairs confirmed my nomination, I had to fulfill two sets of OIA requirements . The first set confirms eligibility to travel and study abroad while the second gathers various health and safety information. These forms are much easier than those required by the US Government, but they still require attention. Some forms must be dropped off at the Law School in person. During the summer, these hours are not always convenient for those working full time.
At this point, I have completed all the IU OIA forms that I can. I am still waiting for the finalization of flight information to submit my last form and drop off hard copies to the OIA to complete these requirements.
Support of Previous Guantanamo Monitors and Other Nominees
Fortunately, you are not alone in this process. The program provides contact information for current and past participants to help answer questions about the process. The forms are overwhelming at times. Communication with past and present monitors helps reduce the stress.
Guantanamo Checklist
The Military Commission Observation Project also provides a checklist that guides participants through the process and gives them a clear set of tasks to complete. The checklist has over 50 items so start early.
Figure 3: Photo of Steven Nisi
Conclusion
The nomination process and subsequent duties should not be taken lightly. The process is time intensive, but do not be deterred. The NGO observer program is a once in a lifetime opportunity to give back to the American justice system, and to try to help ensure that all Guantanamo stakeholders are afforded all the rights to which they are entitled.
Steven Nisi
Juris Doctor (J.D.) Candidate (2023)
NGO Observer, Military Commission Observation Project (MCOP)
In less than one month, I am scheduled to fly to Guantanamo Bay, Cuba, to monitor U.S. Military Commission hearings in the case against Mr. Abd al-Rahim al-Nashiri, who is charged with war crimes associated with the bombing of the USS Cole off the Coast of Yemen on October 12, 2000, that killed and wounded dozens of U.S. sailors (more on Mr. al-Nashiri in future blog posts).
I am expected to be in Guantanamo from 23-30 July 2022, traveling from Indianapolis to the Washington, D.C. area, where the plane to Guantanamo departs from Joint Base Andrews (formerly Andrews Air Force Base).
This blog post covers my experiences learning about, applying for, and notice of nomination to travel to Guantanamo Bay.
Learning about Guantanamo Bay and the Indiana University McKinney School of Law Military Commission Observation Project
In the 2021 summer, I met Indiana Supreme Court Justice Steven David through the Indiana Conference on Legal Education Opportunity (ICLEO) Fellowship. ICLEO is a scholarship program for incoming minority or educationally disadvantaged Indiana law school students who wish to practice law in Indiana. ICLEO includes a six-week summer session, where participants take introductory classes with law school professors (we took contracts, property, legal writing, and criminal procedure), and meet with Indiana lawyers, Federal Judges, and Indiana Supreme Court Justices.
Justice David, who is set to retire from the Supreme Court this year, avidly supported our ICLEO class. He has had an extensive and impressive career as an attorney, Judge, Justice, and military officer. In the military, Justice David served as Chief Defense Counsel at Guantanamo Bay. He spoke to me and my fellow ICLEO’s about the importance of a constitutionally guaranteed defense and encouraged us throughout the summer to use law school as a chance to step out of our comfort zones and experience as much as we can. One experience that IU Robert H. McKinney School of Law offers is the chance to be an observer through the Military Commission Observation Project, which is part of the Program in International Human Rights Law (PIHRL). As soon as Justice David told us of this opportunity, I knew I wanted to apply.
About Me
I am a 1L at Indiana University McKinney School of Law. I was born and raised on the near eastside of Indianapolis, and have lived in the Chicago suburbs, Jennerstown, PA, and Knoxville, TN. I’m married to another current IU student, and we live in the Fountain Square neighborhood of Indy.
Me in 2022
My upbringing taught me to put others before myself whenever possible. During high school and shortly after high school graduation in 2009, I was drawn to human rights issues, especially those concerning incarcerated people, refugees, and immigrants. In 2017, I obtained a bachelor’s degree in Philanthropic Studies from the Lilly Family School of Philanthropy at Indiana University-Purdue University Indianapolis (IUPUI). I served a year with AmeriCorps in their Volunteers in Service to America (VISTA) program at the John Boner Neighborhood Center on the near eastside of Indianapolis, a neighborhood with high rates of formerly incarcerated individuals, unemployment, food insecurity, and violent crime. With AmeriCorps, I worked as the Communications Coordinator for the IndyEast Promise Zone, a federal program started under the Obama Administration to increase public and private investment in struggling areas throughout the United States.
After my year of service with AmeriCorps, I got a job as a case manager with Marion County Community Corrections in 2018. I wanted to be close to people in the criminal justice system, to find out what their wants and needs were. In 2019 I became the case manager overseeing people finishing out prison terms at a work release facility.
In 2020 I joined the Court Team of Marion County Community Corrections and spent my days in Marion County Superior Courts making recommendations during hearings on violations of Community Corrections. Violations are the result of failing to abide by Community Corrections rules, which are set out in a contract and rulebook signed by everyone sentenced to either home detention or work release. Violations also result from new arrests or absconding from home detention or the work release facility. At hearings on violations, the Court wants to know what the nature of the violation was, how much time the individual has served on the program (home detention/work release), how much time they have remaining in their sentence, and what Community Corrections thinks the appropriate result of the violation should be (a short jail sanction, revocation to prison, immediate return to community corrections with new conditions, or some other solution tailored to the individual’s situation). While working at Community Corrections, I became aware of shortcomings of our local criminal justice system, as well as the socioeconomic and addiction struggles of much of the incarcerated population. But more than anything, it taught me that every individual human must be treated with dignity and respect if there is ever going to be a chance of changing the behavior of incarcerated people from criminal thoughts and behavioral patterns to thoughts and patterns that are socially acceptable. My experiences in the courtroom in particular showed me that lawyers have the power to make a difference in the lives of the people for whom they advocate.
In 2020, I began studying for the Law School Admission Test (LSAT), prepared my application materials for law school, gathered letters of recommendation, and applied to the Doctor of Jurisprudence (J.D.) program at McKinney School of Law. I was notified of early acceptance to the J.D. program in November of 2020.
I chose law school as a path to change our systems of governance in a way that alleviates suffering and uplifts society.
Application and nomination for Guantanamo travel
Professor George Edwards is the Director of the Program in International Human Rights Law at McKinney School of Law. In the fall of 2021, Professor Edwards sent an email to the student body providing information about the Military Commission Observation Project at Guantanamo Bay with a link to the application website and I applied. In my application, I wrote about the importance of transparency at Guantanamo Bay to encourage faith in our democratic system of law and justice across the United States and the world. I was determined to do my part to shed light on the system, and to show the good and the bad, the things that work and the things that need to be improved upon.
Professor Edwards reached out in May 2022 asking if I was still interested in traveling to Guantanamo Bay. I couldn’t believe it! And of course, I was still interested.
Professor Edwards and I met briefly over Zoom for a face-to-face interview where Professor Edwards stressed the importance of the mission and the observer role to be unbiased and open-minded. I assured him that I could be that kind of observer. Shortly thereafter, I received confirmation from Professor Edwards that our Law School’s Military Commission Observation Project had nominated me to the Pentagon to travel to Guantanamo the week of 23-30 July 2022 for the al-Nashiri hearings regarding the bombing of the USS Cole. The preparations had begun. I learned that there were multiple other clearances that needed to occur, and that there would be significant paperwork to complete for different entities.
Paperwork
Professor Edwards provided me with an 18-page “Guantanamo Checklist Agreement” that is required to be turned in periodically up to the date of departure to Guantanamo Bay. The checklist is a comprehensive list of tasks that must be completed to have a successful trip to Guantanamo Bay. The checklist is divided into five sections, plus an annex:
Continuing Obligations of Observers – Before, During, and After Travel
Confirmation Stage – Obligations of Travelers as Travel is Being Confirmed
Pre-Departure – Obligations of Travelers Immediately Before Departing
During Travel – Observers’ Obligations While Traveling
Post-Travel Obligations
The Annex provides annotated copies of the paperwork from the Pentagon that each traveler will receive that must be filled out and returned.
The checklist has sections to date and initial next to each task so that the prospective traveler can stay accountable and on schedule regarding the various obligations.
Pentagon Paperwork
One day after Professor Edwards told me that I had been nominated to the Pentagon, the Pentagon sent me an email that confirmed my in-person observation status at Guantanamo Bay, and included the names of the other participants in the month of July 2022. The email also included information about COVID-19 requirements, a tentative flight schedule (flying out of Joint Base Andrews 23 July, flying out of Naval Station Guantanamo Bay 30 July), and guidance on how to properly fill out and return the six documents attached to the email. I received the paperwork on 19 May, and the deadline for returning the paperwork was 26 May.
The paperwork included:
Hold Harmless Agreement
Ground Rules
Traveler worksheet, with personal information and emergency contact
Naval Station Guantanamo Bay Access/ID card
Rules for Non-Governmental Observers
A short biography form
The Pentagon paperwork involved some fillable pdfs, one word document, multiple pdfs that had to be printed out and signed, and some paperwork that had to have a verified e-signature. I relied heavily on a fellow traveler to help me figure out how to e-sign the documents properly, as well as how to upload each document that I had printed and signed as a PDF to be sent back to Professor Edwards before sending them on to the Pentagon. It is a requirement on the checklist that all communication from the Pentagon be sent to Professor Edwards before responding to the Pentagon.
Paperwork from Indiana University
The checklist requires participants to inform the Indiana University Study Abroad Office of our upcoming travel. I emailed the Study Abroad Office and was directed to create an account on the university’s iAbroad system. iAbroad compiles all of the paperwork that students need to fill out to travel abroad through the University. There are two rounds of paperwork that need to be filled out for the trip to Guantanamo Bay. The first round of paperwork was to be filled out and returned as soon as possible, while the second round of paperwork was more comprehensive. All of the forms on iAbroad are electronic. One form links to the State Department website where the participant is asked to fill in information about the upcoming trip, provide one form of contact information, and select the nearest U.S. Embassy. When that form is complete, the participant must take a screenshot of the confirmation page and upload it to the appropriate form on iAbroad. Several forms ask the participant to review State Department materials on the destination country (Cuba) so that the participant knows the risks involved in traveling outside of the US. As of 28 June 2022, my first round of paperwork for iAbroad is complete, and all forms on the second round of paperwork are marked complete except for the “Travel Planning and Itinerary” form, which asks for information that I do not yet have, like specific information about the flights.
Next steps
Cover page of the Guantanamo Bay Fair Trial Manual
I created a binder with a print version of the Guantanamo Checklist to ensure that I check it frequently to stay on schedule. I will continue working on required paperwork, try and reach out to alumni observers, keep in touch with Professor Edwards, consult the Guantanamo Bay Fair Trial Manualand the Know Before You Go to Guantanamo Bay nformation packet, as well as study up on the al-Nashiri case and recent motions via the Office of Military Commissions website – https://www.mc.mil/CASES/MilitaryCommissions.aspx?
Conclusion
I feel excited, anxious, nervous, and proud. I want the trip to be successful, to learn more about the Military Commission, and to be a good observer and representative of McKinney. I am dedicated to fulfilling the observers’ mission: to attend, observe, be seen, analyze, critique, and publish materials on the military commission hearings. We are meant to be objective, independent, impartial, and non-aligned with any stakeholder group. I will share my experiences along the way in this blog.
Timothy Morgan
J.D. Candidate 2025
NGO Observer, Military Commission Observation Project (MCOP)
