Author: gedwards97

George Edwards is Professor of Law & Faculty Director, Program in International Human Rights Law at Indiana University McKinney School of Law. He is Founding Director of the Law School's Military Commission Observation Project ("MCOP" or "The Gitmo Observer"). Professor Edwards is also Special Assistant to the Dean for Intergovernmental and Non-Governmental Organizations. The Guantanamo Bay Reader will be published soon.

Afternoon al Nashiri Hearing – 4 August 2014 – GITMO – Qifan Wang
Judge Spath is presiding over the al Nashiri USS Cole case.

Judge Spath presides over the al Nashiri USS Cole case.

Lunch 

After the NGO Observers had a quick lunch in the NGO Lounge, we returned to the courtroom for the continuation of the case against al Nashiri, an alleged mastermind of the USS Cole attack off the coast of Yemen that killed 17 U.S. Sailors and injured dozens more.

Judge fails to recuse himself.

Unsurprisingly, the first thing in the afternoon is Judge Spath’s denying the motion of recusal.

How many judges are on the case? Who is in charge?

The court move to motion AE305 dealing with another very strange situation.

Chief Judge Pohl presided over the al Nashiri case from its beginning, until last month when he detailed a successor, Judge Spath, to handle the case.

But Judge Pohl reserved his authority regarding some al Nashiri motions. The result is at this specific time, there are two military judges in charge.

The defense makes a textual interpretation of the Military Commission Act, which consistently use the singular form (‘a military judge’ and then ‘the military judge’). The defense wants Judge Spath to reconsider some prior motions Judge Pohl had ruled upon.

On the other side, the government does not have much trouble with that. The government is arguing that there is no actual overlap between the authority of Judge Pohl and Judge Spath.

Chief Judge Pohl originally presided over al Nashiri case.

Chief Judge Pohl originally presided over al Nashiri case.

Judge Spath asked whether he can issue order in contradiction with Judge Pohl’s former rulings. The answer would be yes. Then it just becomes more confusing since what would be the actual point for Judge Pohl to preserve this authority? The defense labels the potential impact on the court as ‘unlawful influence’, while the government rebuts as there is no prejudice shown.

It is somehow difficult for me to comment on this motion and these arguments. Just like lots of other motions or procedures, this is a unique situation and it’s foreseeably hard to find any reference or precedents. I agree that if any new fact or law occurred, a motion for reconsideration  (more…)

al Nashiri Hearings begin – August 4th Morning – GITMO – Qifan Wang

al Nashiri, the alleged USS Cole attack mastermind, in the GTMO courtroom

My First GTMO Hearing

This is the very first hearing I’m participating in as an NGO Observer at GTMO. It is for the al Nashiri case against the person charged with being mastermind of the attack on the USS Cole in Yemen in 2000.

Moving to the GTMO Courtroom; Prosecutor Statement

We walked from our tents to the court. After strict security checks, the NGO team entered the gallery. The seats are assigned and we all sit on the left end of the room. It is said the families of the victims are on the left side. While we are waiting for the hearing, we learn that the Chief Prosecutor Brigadier General Mark Martins gave a statement yesterday afternoon. He made some brief remarks about the recent decision by the Court of Appeals for the DC Circuit, al Bahlul v. United States, upholding the conspiracy conviction and vacating the material support for terrorism and solicitation convictions. Also, he mentioned about the upcoming discussions about motions and orders around AE120AA. This is also among the main issues for this week’s hearings.

Inside the Court — The Hearings Begin

Before the hearing starts, the staff in the courtroom check with the interpreters whether the system works. The interpreters are obviously in another room, rather than being present in the courtroom. At about 9 a.m., the hearing starts on time. This is the first time that the Air Force Col. Judge Vance Spath appears for the week. The defendant, Mr. Al Nashiri is sitting in the courtroom, physically close to his learned counsel, Mr. Kammen. There is only one person sitting between them. I’m not sure who this person in the middle is, and suspect that he is the interpreter on the defense team. Mr. al Nashiri is wearing a white T shirt and looks in an (more…)

Arrival at Guantanamo Bay – 3rd August – Qifan Wang

Sign at the GTMO Office of the Military Commissions Expeditionary Legal Complex

Arrival — NGO Observers Meet

Our flight from Andrews Air Force Base was delayed and we finally arrived at Guantanamo Bay around 2:45 p.m. on Sunday.

Soon the NGOs all met and we got familiar with each other and shared some ideas about the upcoming hearings in the al Nashiri case which we will be observing.

Motions of the Week

We have a copy of the docketing order and it lists some motions that will be heard. One of the emotions is about the issue of ex post facto. That is a defendant cannot be charged for behavior that happened before there was a law against it. Crimes cannot be made up and charged after the behavior happens. If the logic stands, all defendant’s conduct shall be barred from prosecution. On the government’s side there may be a necessity argument considering the gravity of the crime, the difficulties for investigation and collection of evidence, and so on.

At this moment I could not predict how the judge would rule or even explain this issue. The only impression I’m having is that it’s another hard decision to be made. We’ll see soon.

 

 

Want to Attend Guantanamo Military Commission Hearings?

Guantanamo Bay Guard Detention Center

Affiliates of Indiana University McKinney School of Law are eligible to be considered for possible travel to Guantanamo Bay, Cuba to observe and monitor U.S. Military Commission hearings.

The IU McKinney Military Commission Observation Project (MCOP) goes inside the courtroom in Cuba, and serves as eyes and ears to the outside world about these critically important trials. The MCOP offers participants a unique opportunity to contribute to the promotion and protection of human rights of all involved, including the defendants, the victims and their families, the prosecution, the press, and other stakeholders.

MCOP participants fly to Guantanamo Bay, Cuba for the hearings, or travel to Ft. Meade, Maryland to witness the hearings via secure, live video-link.

For information about upcoming hearings and eligibility to participate in the MCOP, please click this link.

For stories of MCOP participants who have traveled to Guantanamo Bay & Ft. Meade, please visit www.GitmoObserver.com.

For twitter, please follow @GitmoObserver.

Gitmo NGO Observers With Chief Prosecutor General Mark Martins
Chief Prosecutor Gerneral Mark Martins and NGO Observers - GTMO - 16 June 2014

Left to right: Professor Andrew Clapham, Mr. Jason Aldrich (Judicial Watch), Mr. Mark Sorsaia, Professor George Edwards (Founder, The Gitmo Observer), Brigadier General Mark Martins (Military Commissions Chief Prosecutor), Ms. Kate Rocco (Cravath, Swaine & Moore), Mr. Evan Matheney, Lt. Col. Dru Brenner-Beck (Ret.), Dr. Jerry Green.

Guantanamo Bay Military Commissions Chief Prosecutor Brigadier General Mark Martins met with 8 NGO Observers who traveled to Guantanamo Bay for hearings in the 9-11 case and for the arraignment in the case against Abd al Hadi al-Iraqi. These proceedings occurred at Gitmo during the week of 16 – 20 June 2014. At the meeting with the NGOs, General Martins discussed a wide range of issues related to the Military Commissions, including the range of charges brought against various accused, the suitability of these cases being tried at Guantanamo Bay (more…)

Arrival at Guantanamo Bay — G. Edwards

Image

The first afternoon at Guantanamo Bay (Saturday) was of great interest. It was busy with administrative formalities and orientation. More to come later.

But here’s a photo of me on the Air Force C-17 aircraft en route to Guantanamo Bay.

(The person sitting behind me to my left with his face turned is Ben Fox, Chief of Bureau for AP in the Caribbean.)

At Andrews Air Force Base

Professor Andrew Clapham, Mr. Evan Methaney & Professor George Edwards, waiting for the flight to board the flight to Guantánamo Bay. Note the The Gitmo Observer Briefing Book, which has been a big hit!

20140614-074008-27608609.jpg

Professor Clapham & Professor Edwards

20140614-074007-27607407.jpg

Professor Edwards & Mr. Matheney.

20140614-074008-27608081.jpg

Edwards with Briefing Book.

En route to Andrews Air Force Base–G. Edwards

It’s barely 4:30 a.m. and I’m leaving my Washington, DC hotel bound for my flight to Guantanamo Bay. I’m expected to be at Andrews Air Force Base by 5:40 a.m.

The taxi just cruised past the White House…and there’s the Washington Monument. These landmarks call to mind the concepts of human rights, the rule of law, and in the case of Guantanamo Bay, the right to a fair trial.

I have been entrusted, along with other GTMO monitors, to try to ascertain whether all Guantanamo Bay stakeholder rights are being afforded to them. The accused have the right to a fair trial, and so to does the prosecution. Families of the victims also have the right to a fair trial.

I will report in later. Photos are forthcoming.

Hoosiers play integral roles in historic military commissions
gitmo-coin-15col - 4 June 2014

Indiana Justice Steven David holds a challenge coin he helped design while working at Guantanamo Bay as chief defense counsel. (IL Photo/ Marilyn Odendahl)

[This article is by Marilyn Odendahl and originally appeared on 4 June 2914 in The Indiana Lawyer at this link)]

The words Indianapolis attorney Richard Kammen used to describe the trials taking place at Guantanamo Bay are jarring – “legally grotesque situation,” “huge stain on American justice,” “secret expedient rigged justice.”

Then he noted the situation of alleged terrorists being put on trial for acts of terrorism and murder is not black and white. There is (more…)

IU McKinney students observe trial proceedings at Guantanamo Bay
The USS Cole after it was attacked by suicide bombers in October 2000 in Yemen. (Photo courtesy of United States Marine Corps)

The USS Cole after it was attacked by suicide bombers in October 2000 in Yemen. (Photo courtesy of United States Marine Corps)

(This article by Marilyn Odendahl was originally published on 4 June 2014 in The Indiana Lawyer at this link) Sitting in a hotel room, preparing to watch a video cast of a hearing with Abd al-Rahim al-Nashiri, one of the alleged masterminds behind the bombing of the USS Cole, Whitney Coffin considered the process of using military commissions to try suspected terrorists. “Before I actually see the hearing, my pre-impression is this is the best way to do it,” Coffin, a 2014 graduate of Indiana University Robert H. McKinney School of Law, said. “Some push to put this in federal courts, but what state is (more…)

GTMO charges Abd al Hadi – Arraignment Set for 18 June 2014
Abd al Hadi is alleged to have been the al Qaeda leader in the Bamiyan, Afghanistan region and to led al Qaeda forces to assist the Taliban in destroying the Bamiyan Buddhas. Before and after photos. Abd al Hadi is alleged to have been the al Qaeda leader in the Bamiyan, Afghanistan region and to have led al Qaeda forces to assist the Taliban in destroying the Bamiyan Buddhas. Before and after photos.

Abd al Hadi is alleged to have been the al Qaeda leader in the Bamiyan, Afghanistan region and to have led al Qaeda forces to assist the Taliban in destroying the Bamiyan Buddhas. Before and after photos.

On 2 June 2014, the Military Commission Convening Authority authorized the prosecution of Abd al Hadi Iraqi, an alleged senior member of al Qaeda. The charge sheet alleges that from 1996 to 2006, Abd al Hadi and others engaged in terrorism, attacked civilians, employed poison or similar weapons, murdered protected persons, and committed other crimes.

Abd al Hadi allegedly paid an award for the assassination of United Nations personnel, provided funding for suicide attacks, and served as al Qaeda liaison to al Qaeda in Iraq.

He is charged with leading an al Qaeda team that helped the Taliban destroy the Buddha statues of Bamiyan, Afghanistan.

Abd al Hadi Court Documents

The Charge Sheet in the Abd al Hadi case can be found here:  Charge Sheet.

The Arraignment Order for the 18 June 2014 proceeding can be found here:  Arraignment Order.

Other Court Documents can be found here: Court Docket – Abd al Hadi

Arraignment — Eligibility for IU McKinney Affiliates to view the Arraignment live

Abd al Hadi is scheduled to be arraigned on Wednesday, 18 June 2014 at Guantanamo Bay, Cuba.

The Military Commission Observation Project (MCOP) is expected to be represented at the Guantanamo Bay arraignment by Professor George Edwards, who will be at Guantanamo Bay that week for hearings in the 9-11 case.

MCOP representatives scheduled to be at Ft. Meade for simultaneous secure CCTV of the arraignment include Megan Alvarez, Sukrat Baber, Whitney Coffin, Chuck Dunlap and Kristi McMains.

Other IU McKinney Law School Affiliates interested in monitoring the arraignment at Ft. Meade may visit this link and submit a statement of interest.

Congressman Lee Hamilton on Guantanamo Bay – (By G. Edwards)

Discussions with the Congressman
Yesterday I had the honor to meet with Lee Hamilton, former Congressman from Indiana and Co-Chair of the 9-11 Commission. We talked about a range of issues, most notably Guantanamo Bay and the work being done by the Military Commission Observation Project of Indiana University McKinney School of Law.

Congressman Hamilton (center), Chuck Dunlap (right) and me at Indiana University's Center on Congress, directed by Congressman Hamilton

Congressman Hamilton (center), Chuck Dunlap (right) and me (left) at Indiana University’s Center on Congress, directed by Congressman Hamilton

Our meeting, that was arranged by Mr. Chuck Dunlap of the Indiana Bar Foundation, happened to take place four days after the U.S. swapped five Guantanamo Bay prisoners for Bowe Bergdahl, a U.S. soldier who had been held captive by the Taliban for five years. It was also the day after the Pentagon announced that charges were being formalized in a Guantanamo Bay case against another accused, Abd al Hadi al Iraqi, a former CIA prisoner who is alleged to have been a high-ranking al Qaeda arrived at Guantánamo in 2007 who allegedly killed Canadians and U.S. soldiers.

Due Process and Fairness
Echoed throughout our hour-long discussion with Congressman Hamilton were the concepts of due process and fairness. I concluded that Congressman Hamilton believes that fairness and due process should guide the U.S. Government through every step of the Guantanamo Bay Military Commissions. Not only should the Military Commissions be fair, but also the proceedings should appear to be fair. Due process should be provided to all. Transparency is critically important. Furthermore, I concluded that he believes that independent monitors like our MCOP participants should approach their jobs with open minds, and should be prepared to report not only any deficiencies spotted within the Commissions, but also to report any commendable aspects of the Commissions.

Right to a Fair Trial
I shared with the Congressman my belief that regarding the Military Commissions, all stakeholders have the right to a fair trial. The accused are stakeholders, and they have the right to a fair trial. The prosecution, which represents we the people, are stakeholders, and they have the right to a fair trial. The victims and the families of the victims are also stakeholders and they have the right to a fair trial.

Military Commission Observation Project participants have an obligation to monitor the proceedings, and to ascertain based on the law and the facts whether we believe all stakeholders are being provided with their fair trial rights. That is, we as monitors draw conclusions as to whether we believe the proceedings are complying with U.S. and international law, or whether the proceedings are not complying with U.S. and international law.

Decades of Wisdom and Experience
It was a delight to hear Congressman Hamilton share stories from his law practice days (including when Indiana had “paupers’ attorneys”), his many years in Congress, and his Co-Chairmanship of the 9-11 Commission. I look forward to visiting with Congressman Hamilton again, perhaps after my next visit to Guantanamo Bay, which is scheduled for the week of 16 – 20 June 2014. I am scheduled to monitor hearings in the case of Khalid Shaik Mohammad and others accused of masterminding the 9-11 attacks on the World Trade Center and Pentagon, and to monitor the arraignment of Abd al Hadi al Iraqi, the latest Guantanamo prisoner to be approved for trial.

Training to Monitor Trials at Guantanamo Bay
MCOP - Pre-Departure - 11 April 2014 - Classroom shot

IU McKinney Law Affiliates During Briefing to Monitor Guantanamo Bay trials. Some in the photo are members of Professor Edwards’ Spring 2014 International Law class that studied the international law aspects of the 9-11 attacks, other crimes, and jurisdiction to try such crimes.

Guantanamo Bay Briefing

This photo is the of  first group of Indiana University McKinney Law School Affiliates to be part of a Pre-Departure Briefing for monitoring US Military Commission hearings.

The Pentagon awarded IU McKinney’s Program in International Human Rights Law (PIHRL) special “NGO Observer Status” permitting the PIHRL (pronounced “Pearl”) to send IU McKinney Affiliates (students, faculty, staff and graduates) to monitor hearings at Guantanamo Bay, Cuba or at Ft. Meade, Maryland. The training of this first group took place in Indianapolis at the law school on Friday, 11 April 2014.

MCOP Briefing Book; Geneva Conventions

The MCOP Briefing Book — About 2000 pages on Military Commission law and practice. Participants were also provided copies of the 1949 Geneva Conventions and the Protocols Additional.

In the picture are four IU Affiliates who traveled to Ft. Meade in April for hearings in the 9-11 World Trade Center bombing case and the 2000 U.S.S. Cole bombing case. Also pictured are two IU Affiliates who traveled to Guantanamo Bay for hearings in both those cases in April.

Mr. Rick Kammen (center of photo with jeans and light top), who is a lawyer for defendant al Nashiri in the USS Cole Case, lectured on the history of U.S. Military Commissions, substantive and procedural law related to the Guantanamo Bay Military Commissions, litigation strategies, and the logistical difficulties associated with trying cases at a base on an island, away from the Mainland U.S.

Those pictured whose mission was to Ft. Meade are Jeffrey Kerner, Jeff Papa, and Hattie Harman.

Judge Pat Riley (Indiana Court of Appeals) is pictured behing Rick Kammen’s right shoulder.

Professor George Edwards (PIHRL Founding Director & MCOP Founding Director) appears at the far right of the photo.

Absent from the photo above are Jeff Meding (who was in Washington DC for his flight from Andrews Air Force Base to GTMO the next day) and Luke Bielawski, who went to Ft. Meade. Luke is in the photo below.

Briefing Book

Left to right: Luke Bielawski (Ft. Meade – USS Cole), Jeffrey Werner (Ft. Meade – 9-11), George Edwards (Ft. Meade – USS Cole; Guantanamo Bay – US v. David Hicks), Judge Patricia Riley (Guantanamo Bay – USS Cole), Jeff Papa (Ft. Meade – USS Cole) & Hattie Harman (Ft. Meade – 9-11). Absent is Jeff Meding (Guantanamo Bay – 9-11, who was en route to Andrews Air Force Base for his flight to GTMO)

Left to right: Luke Bielawski (Ft. Meade,  USS Cole), Jeffrey Werner (Ft. Meade, 9-11), George Edwards (Ft. Meade, USS Cole; Guantanamo Bay, US v David Hicks), Judge Patricia Riley (Guantanamo Bay, USS Cole), Jeff Papa (Ft. Meade, USS Cole) & Hattie Harman (Ft. Meade, 9-11). Absent is Jeff Meding (Guantanamo Bay, 9-11, who was en route to Andrews for his GTMO flight)

The  Pre-Departure Briefing Book of the MCOP was compiled by Mr. Jeff Meding, Ms. Qifan Wang, Ms. Kristin Brockett, and Professor George Edwards. For each cycle of hearings, a Supplementary Briefing Book will be prepared and distributed to all participants. A copy of our Briefing Book is now permanently housed in the NGO Observer Compound at Guantanamo Bay for subsequent McKinney Affiliates and others to use on their Missions to GTMO for hearings or trials.

Indiana Appeals Court Judge Travels to Guantanamo Bay
Indiana Court of Appeals Judge Patricia Riley traveled to Guantanamo Bay, Cuba for U.S. Military Commission Hearings

Indiana Court of Appeals Judge Patricia Riley traveled to Guantanamo Bay, Cuba for U.S.  Military Commission Hearings as part of the Indiana University McKinney School of Law Military Commission Observation Project (MCOP) which is part of the law school’s Program in International Human Rights Law (PIHRL – pronounced “Pearl”) founded by Professor George Edwards in 1997.

Indiana Judge Speaks While Heading To Guantanamo Bay

Judge Patritica Riley (Indiana Court of Appeals) sent the following note in on Easter Monday, 21 April 2014, when she was waiting at Andrews Air Force Base for her flight to Guantanamo Bay. She will be monitoring hearings in the U.S. Military Commission case of 5 defendants accused of masterminding the attack on the USS Cole, a US naval ship docked in Yemen in 2000. That suicide attack killed 17 US sailors and injured over 30 other service personnel on the ship.

Judge Riley’s mission to GTMO (or Gitmo) is through the Military Commission Observation Project (MCOP) of the Indiana University McKinney School of  Law’s Program in International Human Rights Law (PIHRL) (pronounced “Pearl”), which was founded by Professor George Edwards in 1997. The Pentagon granted the PIHRL “NGO Observer Status”, which permits the program to send McKinney students, faculty, staff and graduates to monitor the Military Commissions.

Following are Judge Riley’s words from Andrews Air Force Base:

“Waiting at Andrews for  the plane to take us to Guantanamo Bay.  It is a normal waiting area but everyone is going to GITMO and each has a different role.  The victims and/or their families are here by lottery and may be sitting next to a member of the defense team.  The prosecutors may be sitting next to the observers from different NGOs.  Until we get to the base the roles each person will play are not talked about except in very general terms.

I’ve talked to Cassandra Adams who is a professor/mediator from Birmingham, Alabama who is a DIVO, defense initiated victim for outreach.  She will be sitting in an area designated for observers and is not able to approach the victims directly.  She is available if they need support

Dr. Susan Cosby, Boston,Mass, is here as a specialist for prisoners who have been tortured.  She has met with al-Nashiri on three different occasions.

I’m having coffee with Rick Kammen from the defense team.  They have all gathered together, as old friends would, getting caught up with matters that have popped up at the last minute.  There is a lot of chatter but I feel the underlying tension building as they each refer to the job ahead with seriousness and respect for each other’s roles.

Carol Rosenberg, reporter from Miami Herald,and only news reporter here, just told me that there is no wireless connection and you must pay $150/wk for an Ethernet connection that doesn’t work half the time.  I can register my device at the library and it might work at the local Starbucks.  Hard to believe that the connections are so poor.

I will be in touch as soon as I can.”

We are looking forward to more posts from Judge Riley! She is scheduled to be in Guantanamo Bay, Cuba until Wednesday, 30 April 2014. She will fly back to Andrews Air Force Base on a military flight, and then return to Indianapolis.