9-11 Case

9/11 Hearings at Guantanamo

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The Convening Authority’s Administration Building at Guantanamo.  Photo from the Defense Systems Journal.

As I learned during my first visit to Guantanamo as an NGO representative of Indiana University School of Law’s observer program in January, the fact that there are hearings scheduled at the war court complex is no guarantee that they will go forward.  At that time, hearings were cancelled and shortened due to concerns for the health of alleged al-Qaeda commander Abd al Iraqi/Nashwan al Tamir, who has now undergone five back surgeries in the past nine months.  As we prepared to observe this week’s hearings against five alleged September 11 conspirators, we learned that there were again issues that threatened to derail the hearings scheduled through the week.

Mold issues at the war court

When the defense team for alleged 9/11 conspirator Walid bin Attash arrived at their offices in a prefabricated trailer-style building Saturday, they found it, their files, and their court clothes caked in mold.  The legal teams’ trailers are a part of the “Expeditionary Legal Complex,” which, along with the “Camp Justice” tent city housing visiting NGOs and journalists, all atop an obsolete airfield.  The hearings were again in question, until Sunday night, when we learned that they would indeed go ahead at 9 a.m. after an 8 a.m. conference between Judge Parella and the parties’ lawyers.

The first hour of the day was spent in discussion of the mold problems, and the delays to planned preparation they caused the defense teams.  According to Bin Attash’s defense lawyer, William Montross, two members of the defense team had gone to the ER for “breathing difficulties” and a third’s arms were “all red” as a result of the exposure to the mold.  His own suits were ruined, and he wore instead green chinos, a gray collared shirt, and a “Harry Potter” tie.  Confidential documents had to be left behind rather than risking contaminating other areas.

Proposed alternate office contained a decaying rat and rat feces and nests.  The other teams, who’s offices share a common ventilation system, were also affected.  Montross argued that the hearings should be delayed to permit more preparation time to make up for time lost dealing with the mold, re-printing documents, and finding an alternate workspace.  Judge Parella rescheduled oral argument on a bin Attash motion until later in the week, and otherwise decided that hearings would proceed as scheduled.

The gallery

I and observers representing eight other non-governmental organizations (NGOs) and our Guantanamo escort entered the court complex through a security tent and a walkway lined with chain-link fencing covered with black cloth sniper-netting and lined with razor-wire.  There was additional security at the entrance to Courtroom II itself, and we then received our seat assignments in the gallery.  The nine of us sat in the third and last of four rows on the left side of the gallery, and several journalists sat in the first row.  Several uniformed servicemen sat to our left, as did a paralegal and one of the legal teams’ victim family member liaisons.

Eight victim’s family members (VFMs) entered the gallery last, sitting in three rows on the right side of the gallery, separated from us by a blue curtain.  Before the hearings started, VFMs were escorted individually to the left side of the gallery to get a better view of the defendants.  While most of the NGOs are lawyers or law students representing law schools and other legal organizations, one of our group represents September 11th Families for Peaceful Tomorrows, and herself lost her sister in the South Tower of the World Trade Center on that fateful day.

The gallery we were seated in has five large windows looking into the courtroom, each with a television monitor at the top.  The monitors display the person speaking, whether the judge, defense or government counsel, and they and the audio work on a 40 second delay.  We were informed that if classified information is mentioned, a police-type light to the left of the judge would turn on, the monitors and audio would stop, and white noise would begin.  This has not occurred while I’ve been at the court.  Cameras in each corner of the gallery kept watch upon observers, who were warned that decorum would be maintained as if we were seated in the courtroom.  The proceedings were also broadcast by closed circuit television to sites at Fort Meade, Maryland and Fort Devens, Massachusetts.

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Me in front of the tent housing three other NGO observers and I this week

The Courtroom

Inside the courtroom are six tables for each the defense and prosecution teams of up to six defendants.  A chair on the left side of each defense table is equipped with “shackle points” – a chain about a foot long secured to the floor to which Defendants may be shackled.  These shackle points have not been used in some time. The five defendants were escorted in by guards of the Joint Task Force – Guantanamo Bay (JTF-GTMO).  Twelve to fourteen guards rotated in and out of the courtroom and along the left wall periodically throughout the hearings.

The defense side of the court was full.  Four of the defense teams, both military and civilian lawyers, are seated to the right of their clients.  Walid bin Attash has declared that he no longer wants his counsel to represent him, so they sit at the sixth table.  Most of the female defense lawyers, in consideration of their client’s cultural sensitivity, wear traditional Muslim abayas covering their heads.  Six three shelf carts full of documents binders are arrayed around and behind defense tables. Government trial counsel sit to the right of the aisle, and are either military, Department of Defense, or Department of Justice lawyers.

Defense motions to compel additional evidence – business records correspondence

Much of the day was taken in arguments over defense motions to compel the government to produce additional evidence about CIA torture and its rendition, detention, and interrogation program.  The first of these was Mustafa al Hawsawi’s motion to compel the government to produce records regarding communications the FBI had with, and records it obtained from, third parties during its investigation of the case.

Al Hawsawi lawyer, Marine Corps Lieutenant Colonel Sean Gleason, explained that during the testimony of FBI Special Agent Abagail Perkins last year, it was revealed to the defense for the first time that the banking and financial records’ declarations the prosecution had offered in its case against al Hawsawi were not collected by the FBI themselves, but were provided by foreign government intermediaries, sometimes years after the records themselves were collected.  Therefore, the defense needs notes, letters, or e-mails containing requests or responses between the FBI and foreign governments in order to properly evaluate the foundation for the records.  Lawyers for Walid bin Attash and Ammar al Baluchi joined in the motion, noting that the financial records were the government’s most important evidence regarding their client’s alleged support for the 9/11 hijackers.

Defense motions to compel accurate information regarding CIA black sites

Lawyers for Ammar al-Baluchi then argued two motions to compel the government to produce additional information about CIA torture, mainly conducted at “black sites” at locations around the world.  Following his arrest in April 2003, al Baluchi was kept in CIA custody at undisclosed locations prior to his September 6, 2006 transfer to prison at Guantanamo.  During al-Baluchi’s secret detention, he was tortured by the CIA using what have become known as “enhanced interrogation techniques.”

Al-Baluchi’s civilian lawyer, Alka Pradhan, made the argument that the index that the government had provided regarding the CIA’s rendition, detention and interrogation program (“RDI”) was full of errors, gave only code names instead of actual locations, and failed to identify individuals that were present during his interrogations and torture.  Other defendants joined in the motion, and Walid bin Attash’s lawyer deferred argument until Friday’s closed session.  The government argued that Judge Pohl had ruled the index they had provided was sufficient, and that witness identification was unnecessary.

Defense motions to compel information about torture and interrogations

Al-Baluchi’s learned counsel, James Connell, argued related motions that the government produce information for non-CIA requests for black site interrogations, documents regarding interrogation personnel, and a report regarding the CIA’s sleep deprivation policy.  Death penalty defendants are entitled to counsel experienced in capital cases.  Connell argued that it appeared that the FBI had fed questions to CIA interrogators, and that the court should therefore compel the government to provide information regarding FBI investigations in Iraq, Afghanistan, and Guantanamo.

The defense is also requesting profiles of individuals who worked at black sites and had direct and substantial contact with the defendants.  Government lawyer Jeff Groharing argued that Judge Pohl had approved its index as satisfying the requirement for a synopsis of individuals with substantial contact with the defendants, and that the government was continuing to supplement its responses to the defendants’ requests.

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Ammar al Baluchi was tortured at CIA black sites for 3 1/2 years prior to his transfer to Guantanamo

Court was adjourned for the day at 3:30 to permit defense teams at least some additional time to prepare for Tuesday’s testimony of William Castle.  Castle was the acting general counsel at the Department of Defense in February, when Defense Secretary James Mattis fired the Military Commissions Convening Authority Harvey Rishikof and its legal adviser Gary Brown.

Paul Logan

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

14 November 2018

 

 

 

 

Return to Guantanamo Bay to Observe 9/11 Hearings

I was approved and have traveled to the U.S. Naval Station at Guantanamo Bay, Cuba for U.S. Military Commission hearings against five alleged September 11 conspirators.

My mission

I graduated with a J.D. from Indiana University McKinney School of Law in 1994, and am an employment lawyer in Indianapolis. When I was in law school, there were few international law opportunities for students.

Several years after I graduated, the school founded its Program in International Human Rights Law (PIHRL), which for over 20 years has offered students and graduates many international opportunities. One of its projects is the Military Commission Observation Project (MCOP), which sends faculty, staff, students, graduates to Guantanamo, after the program received  special status from the Pentagon.  I am thankful and excited about this opportunity!

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My invitation to travel to Guantanamo and invaluable resources from the observer project

My mission through the IU McKinney project is to attend, observe, be observed, analyze, critique, and report on the hearings against the 5 alleged 9/11 co-conspirators.

The Defendants

Khalid Shaik Mohammad is the lead defendant, and is accused of masterminding the 9/11 attack on the World Trade Center and Pentagon, and overseeing the operation and training of the hijackers in Afghanistan and Pakistan.  Walid bin Attash allegedly ran an Al-Qaeda training camp in Afghanistan where two of the 19 September 11 hijackers were trained.  Ramzi bin al Shibah allegedly helped the German cell of hijackers find flight schools and enter the United States, and helped finance the plot.  Ammar al Baluchi, Khalid Shaik Mohammad’s nephew, allegedly sent money to the hijackers for expenses and flight training, and helped some of them travel to the U.S.  Mustafa al Hawsawi allegedly also helped facilitate fund transfers. All  9/11 defendants were arrested in the early 2000s, were held in CIA blacksites, and transferred to Guantanamo in 2006.

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Khalid Shaik Mohammad (“KSM”)

My previous Guantanamo trip.

This is my second trip to “Gitmo” (the nickname for the naval station).  In January 2018, I attended hearings in the case of alleged al -Qaeda commander Abd al Iraqi/Nashwan al Tamir.  Al Iraqi / al Tamir has had five back surgeries in the past nine months, and that contributed to his having only two half-day hearings days the week I was here.  Incidentally, hearings in Al-Iraqi’s case were again cut short this last week when he suffered spasms in the Courtroom and was rushed to a medical facility.

Last week, the sole high security courtroom at Guantanamo was double-booked, with hearings scheduled concurrently for the 9/11 defendants and for al Iraqi/al Tamir. Only one set of hearings can be held here at a time. Last week, the military judge in the 9/11 case, Marine Col. Keith A. Parella, held closed hearings in the Washington D.C. area, the first time a Guantanamo military commission criminal hearing in a death penalty case has been held in the continental U.S.  Parella has presided since August 27 and replaced Army Col. James Pohl, who had presided continuously since 2011.

Preparing for My Trip to Guantanamo.

On Saturday, 10 November 2018, I traveled on a military flight from Andrews Air Force Base in Washington, D.C. to Guantanamo Bay.  Motion hearings in the 9/11 case are scheduled to take place all week.  There will be eight other representatives of non-governmental organizations (NGOs) observing the hearings with me.

My preparation for the mission to Guantanamo has included reviewing several publications of the Program in International Human Rights Law. These include the Guantanamo Bay Fair Trial Manual: Excerpts, which has introduced me to the relevant international and U.S. law.  I believe this publication will be very helpful as I seek to analyze, critique and report on my Guantanamo experiences.

The IU McKinney program also provided me with Know Before You Go To Guantanamo Bay: A Guide of Human Rights NGOs & Others Going to Gitmo To Attend U.S. Military Commission.  This has also been very helpful.

One of the NGO representatives, from the National Institute for Military Justice, provided the other NGOs documents relevant to the issues that are expected to be addressed.  These are about 50 pleadings in the case, and a docket showing 17 motions which the court needs to address.  More recent filings remain confidential, an issue which Al-Baluchi’s team hopes will also be addressed.  This will certainly make for a full and interesting week.

We attended a barbeque hosted by al Baluchi’s defense team on Saturday night. The al Baluchi team sent a summary of five main issues that they expected would be addressed, and confirmed that Judge Parella intended to address those issues in a conference held earlier on Saturday.

The first is issue political influence with the military justice process, including the coordinated firing of senior military commission officials and the current CIA Director’s comments regarding the guilt of the accused.

The other issues are: defense access to additional information about CIA torture, defense access to other evidence, conditions of confinement issues, and the transparency of the military commissions.  In January, our group of NGOs attended a similar barbecue hosted by Al-Iraqi’s defense team later in the week.  Our meeting with al Baluchi’s defense teams this early in the week has helped us all understand the issues that will be addressed this week much better.

I plan to draft more blog posts as the week progresses.

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Other NGOs and I relaxing before the start of a busy week

Paul Logan

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

Heading to Guantanamo Bay, Cuba Today for Next Week’s Military Commission Hearings

I’m at Andrews Air Force Base waiting for a plane to take me to Guantanamo Bay, Cuba, to monitor hearings in the case against Khalid Sheikh Mohammed (KSM) and four other alleged masterminds of the 9/11 attacks (the “9/11 case”). The hearings are scheduled to occur from 28 April through 5 May 2018.​

I arrived in Washington, D.C. on Thursday, April 26 and have been preparing for my final exams that I am taking the week after I return from Gtmo.IMG_2087

This week’s hearings may likely include the following issues, including motions regarding CIA black site location information, access for the Defense to interview current or former members of the CIA, the Trump administration’s influence on military justice process, access to further evidence through discovery, current confinement issues, and procedural issues regarding the speed at which unclassified pleadings are released publicly.

I will report back after my observation this week.

 

Sheila Willard (J.D. Candidate, ’18)

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

My Nomination to Observe War Court Proceedings at Guantanamo Bay, Cuba

Nomination

I am a third-year law student at Indiana University McKinney School of Law, and have participated in the law school’s Military Commission Observation Project (MCOP) as an NGO Observer since October 2016.  The MCOP is part of the law school’s Program in International Human Rights Law.

I was confirmed by the Pentagon to attend, observe, be observed, analyze, critique, and report on military commission hearings at the Guantanamo Bay Naval Base (GTMO) in the case against Khalid Sheikh Mohammed (KSM) and four other alleged masterminds of the 9/11 attacks (the “9/11 case”). The hearings are scheduled to occur from 28 April through 5 May 2018.

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Meeting fellow NGO observers in Gtmo during my last observation, October 2017.

This will be my fourth military commission observation. My first observation was at Ft. Meade, Maryland, where I observed hearings in the 9/11 case via CCTV in October 2016. My second observation was in January 2017 at Guantanamo Bay, Cuba, where I observed hearings in the case against Hadi al Iraqi / Nashwan al Tamir, an alleged high-ranking member of al Qaeda. My third observation took me back to Guantanamo Bay where I attended the 9/11 hearings in October 2017.

Background and Interest in Observing

I became interested in the MCOP during the fall of my second year of law school after hearing about the program and other students’ experiences in observing the hearings. Stemming from my interest in human rights, I applied to participate in the MCOP observations.

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Touristing in a bell tower while working with refugees at an NGO in Prague.

In the summer of 2017, I worked in Lisbon, Portugal and Prague, Czech Republic at non-governmental organizations (NGOs) through the Program in International Human Rights Law (PIHRL), which is the program that administers the MCOP.  During my time in Prague, I had the incredible experience of working with people seeking asylum in Czech Republic.

The PIHRL recently celebrated 20 years of successful internship placements around the world. I was also a research assistant to the program director of PIHRL in the fall of 2017. This coming fall, I will be working abroad  in an area of international human rights law.

Preparing to Observe

Even though my observation is a few weeks away, I am preparing now so that I am fully informed and updated on the hearings. I am paying careful attention to a document developed and written by MCOP participants titled What Human Rights Non-Governmental Organization (NGO) Observers and Others May Want to Know Before Traveling to Guantanamo Bay, Cuba. This document, of which Professor George Edwards is the principal author, provides all of the information necessary to successfully prepare for and complete a mission to Guantanamo.  Without this guide, preparing for my mission would not be complete, even though I have traveled to Ft. Meade and Guantanamo in the past. It is a resource that is full of information not only for the first-time participant, but also for the seasoned observer.

I have also been keeping up-to-date on the hearings and goings on at Guantanamo by following the Miami Herald online, as journalist Carol Rosenberg keeps close watch on the proceedings and reports on the hearings and beyond. I have also found Twitter to be instrumental in keeping informed about the hearings.

I will soon begin to prepare my travel arrangements to Andrews Air Force Base in Maryland, where I will depart to Guantanamo Bay.

NGO Coins

The MCOP has developed a special coin for distribution.  I will have a few coins available during this observation.

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Sheila Willard (J.D. Candidate, ’18)

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

My second observation of war court proceedings at Guantanamo Bay, Cuba

The Military Commission Observation Project (MCOP) of the Indiana University McKinney School of Law nominated me, and the Pentagon confirmed me, to travel to Guantanamo Bay, Cuba to monitor U.S. Military Commission hearings in the case against Khalid Shaikh Mohammed and four other alleged masterminds of the 9/11 attacks.

This was my fourth scheduled trip as part of Indiana’s project, and my second trip to Guantanamo. I was originally scheduled to observe at the beginning of October in the case against Hadi al Iraqi, an alleged high-ranking member of al Qaeda, but as reported by Carol Rosenberg in the Miami Herald, the hearings were canceled due to a medical issue experienced by Hadi.

Breaking news concerning the case U.S. v. al Nashiri

A couple of days before we arrived at Guantanamo, we heard news that 3 members of the defense counsel for Mr. al Nashiri, who is charged in a separate death penalty case, were released from their defense roles by Brigadier General Baker, chief defense counsel. Mr. al Nashiri is accused of orchestrating the attack on the U.S.S. Cole in late 2000, killing 17 U.S. sailors.

The three members of the defense, including learned counsel Mr. Rick Kammen, quit earlier this month over a “secret ethical issue” that the defense claimed compromised attorney-client privacy. A learned counsel is an attorney with experience in capital cases, and whose representation and presence is a requirement for these proceedings. Today, judge Air Force Col. Vance Spath scheduled a contempt hearing to be held tomorrow Wednesday after the three members of the defense refused to appear at war court. Read more at the Miami Herald.

Arrival at Guantanamo

We arrived at Guantanamo on Saturday, 14 October and were immediately escorted to our lodgings where we quickly unpacked and began to settle in. That afternoon, our

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Standing at the Camp Justice sign a few hours after arriving at Gitmo.

escort drove us to the Navy Exchange where we were able to stock up on snacks for the week, since our dining options are limited mostly to the galley (cafeteria food) or fast food (Subway, McDonald’s, Starbucks). We obtained our security badges and were instructed to wear any time we were home at Camp Justice.

 

Monday, 16 October

We entered the courtroom and were assigned seats in the gallery, which is separated from the courtroom by thick glass. There is a 40-second sound delay for the purposes of national security, where the judge is able to cut the feed to the gallery and the CCTV in case of accidental or otherwise classified discussion.

The hearings began promptly today with the defense counsel advising Judge Pohl that there were motions in the works to address the issue of possibly compromised meeting spaces after the developments concerning Mr. Kammen and the al Nashiri case came to light prior to the week’s hearings. Judge Pohl said he wasn’t certain that Brigadier General Baker has the authority to disband the trial team.

The defense also raised the issue of claims of lack of resources by the Joint Task Force (JTF) that directly affect the meetings between counsel and defendant. The Joint Task Force is in charge of the operations at Guantanamo, including detainee operation logistics and detainee transfer/supervision. Since the typical meeting spaces will likely be investigated after the developments in the al Nashiri case, the question concerned where the next most adequate space to meet with the defendants will be.

The defense raised a discovery issue — their ongoing request for Brady material. Brady refers to the case Brady v. Maryland, where the court held that the prosecution must turn over any evidence favorable to the defendant, or, exculpatory evidence (also known as “Brady material”). The Government responded that the defense has been provided with any material they (the Government) deemed relevant, and that the defense can request more discovery. The defense argued that the purpose of discovery is not to have to hunt for evidence. The Government referred to a “voluminous discovery” request by the defense, and said that the Government has no obligation to “spoon-feed” discovery to the defense.

The unofficial transcripts for Monday’s hearings may be found here.

Court recessed for lunch at around 1:00PM and the rest of the session was closed to observers.

Tuesday, 17 October

There was no court today, so the NGOs took the day to sightsee, relax, and catch up on work.

Wednesday, 18 October

The day began with news of government-seized attorney-client privileged material

The hearings resumed Wednesday morning, and started with the news that the JTF had seized the defendants’ laptops which the defense counsel argued contained attorney-client privileged material. Judge Pohl asked the Government to explain why the JTF seized the material. The Government stated that they were working on filing a response to what had occurred that morning and why.

The first motion was picked up from Monday at the end of the session concerning an issue of metadata that was brought by the defense. The defense argued that the prosecution turned over photographic evidence with all metadata stripped off. Metadata is the information that attaches to a digital photograph, including location, date, and time of the photograph, and depending on the sophistication of the equipment used, could even reveal the name of the person who took the photograph. The defense argued that such information is important to their case. The Government responded that the metadata was not relevant, and that the Government will seek to classify the information if the Judge orders that the government turn over metadata to the defense.

The defense also raised a motion to compel the Government to release information regarding certain torture sites, including information on the confinement buildings. The defense sought any architectural drawings, contracts, agreements, etc. pertaining to the buildings. The defense argued that prison architecture can typically reveal a lot about the conditions under which the detainees were held. The actual sites were destroyed or decommissioned, and the defense argued this information may help draw the picture of the conditions under which the defendants were held while at black sites around the world.

The Government responded that the defense could obtain this information from the defendants themselves, and that any information remaining on the black sites is classified “across the board”. The Government argued that while the information may be material to the defenses’ preparation, it is inapplicable to the case because the Government is not using building logistics in their case against the defendants.

The unofficial transcripts for Wednesday’s hearings may be found here.

The session ended late in the afternoon, at around 5PM. The gallery emptied at the close of session, but the NGO observers stayed behind to discuss the day’s events. During this time, we observed one of the four alleged war criminals rise and begin the Islamic Call to Prayer as the four other men stayed seated and continued discussion with their defense

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Photo by Janet Hamlin of the five defendants in the KSM case in 2012.  Source.

teams. Even though we had the thick glass separating us from where he was standing in the courtroom, we could still lightly hear the sound of the call. It was a surreal moment for the observers, and one I will never forget.

 

Thursday, 19 October

Today’s hearing was delayed by over an hour because of yesterday’s JTF seizure of the defendants’ laptops that contained attorney-client privileged material. The facts were somewhat unclear, but I believe that the laptops of four of the five defendants were seized as the defendants were on their way to court either the hearing or meeting with their counsel, and one of their materials was seized from the defendant’s cell. The Government noted that they will file notice with an explanation of why the seizure happened, and that the facts will justify the seizure.

This has been the third major seizure of attorney-client privileged material since this case started. The defense asked the judge for transparency in this process and the Government responded that they were filing a response as to what happened. Judge Pohl asked the Government to tell the courtroom what had happened, but the Government insisted that the judge would be interested in seeing the notice first.

The defense presented a list of over 100 potential witness. The defense mentioned the logistical issues that might arise with that high number of witnesses potentially coming to Guantanamo. This includes the issue of sufficient lodging, the threat to judicial independence if hearings are canceled and rescheduled, the fact that there is only one courtroom for all the current cases, scheduling conflicts for all parties involved, etc. The defense mentioned that resources are already an issue and affecting the military commission process.

Government invoked national security privilege during defense oral argument

Around half way through the defenses’ presentation on the proposed witness list, the Government quickly rose to address Judge Pohl and invoked the privilege of national security in regards to the presentation. From the observer standpoint, it seemed that the Government was invoking national security because of information found on the slides, which the judge confirmed with the defense had been sent through the appropriate review and declassification procedure prior to the hearing.

Judge Pohl issued a 10-minute recess so that the Government could figure out what the issue was. During the confusion, the obviously frustrated judge addressed the Government, “Now what do I do?”

The NGOs were allowed to remain in the gallery and we were able to observe the confusion in the courtroom.

Once court was reconvened, the Government requested more time. Judge Pohl inquired into what he deemed an arbitrary interruption to the proceedings and told the Government that there was no classified information in the presentation and therefore no reason to assert national security privilege. There was confusion because the Government did not continue to object to the defenses’ presentation, and the hearing was suddenly free to continue. Judge Pohl asked the Government if the defense was allowed to proceed, to which the Government replied that the defense may continue argument as planned.

The afternoon continued with oral argument on motions to compel the identities of witnesses who were only identified with pseudonyms, and also a motion to compel the location of black sites.

Towards the end of the day’s hearing, defense counsel brought up the seizure of the defendants’ laptops, seeking resolution. The defense claimed that there was no probable cause or even reasonable suspicion for the laptops to be seized. The Government’s position was that the laptops would not be returned and the Government would file more pleadings on the issue “in light of the circumstances described”.

Over 24 hours after the attorney-client privileged material was first seized by the JTF, Judge Pohl issued an order that the materials be secured with tamper-proof tape, and placed in a receptacle secured with the same.

The unofficial transcripts for Thursday’s hearings are not available.

Final thoughts

A lot of questions came up during our NGO discussions throughout the week, mostly surrounding the seizure of attorney-client privileged material, the Government invoking national security privilege on declassified material, and also about the judge’s role in the

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A look at the NGO Resource tent where the NGOs retreat to socialize and work after each hearing.

whole process. The defense seems to be strongly advocating for the interest of their clients, and going above and beyond in their duty to the rule of law and the constitutionally-bound process.

 

While I heard less from the government this week, it seems that they are ultimately interested in achieving justice, but hold a lot of control over the court (such as having the immediate ability to stop all discussion as happened at the hearing on Thursday, even though there was no classified material being discussed.)

My hope for these proceedings is that more Americans become interested and involved in something that a lot of people don’t even know is currently ongoing. Observation is difficult considering that the methods to watch these pre-trial hearings are severely limited, but there are great resources online from both media and NGO observers that members of the public may follow.

Even then, I noticed that the daily transcripts that the military commissions posts on the webpage at www.mc.mil are not complete, with some days missing hours’ worth of transcripts, and some days, such as Thursday, 19 October, missing completely from the website. Without observer and media reporting, the public would likely not know what happens are Guantanamo war court.

 

Sheila Willard (J.D. Candidate, ’18)

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

Travel Day to Guantanamo Bay to Monitor U.S. Military Commissions in the 9/11 Case  (August 19, 2017-August 26, 2017)

This is my second trip to observe the military commission hearings at Guantanamo Bay, Cuba as part of the Military Commission Observation Project (MCOP) of the Program in International Human Rights Law (PIHRL) of the Indiana University McKinney School of Law.  My role is to observe the proceedings and provide an independent, impartial, and accurate account of the proceedings.

I left Indianapolis Friday afternoon August 18 and drove for 9 hours to joint base Andrews, where the charter plane to Guantanamo Bay, Cuba was scheduled to depart at 09:00 on Saturday morning August 19. I was told to arrive at the Andrews Visitor Center by 06:00 and meet the escort from the convening authority who would fly with us.  Upon my arrival at the visitors center, one of our escorts vouched for me at the front gate guard station so I could drive onto the base to the terminal.  I followed our escort to the terminal where I met the other 3 Non Governmental Organization representatives (NGO’s) who are traveling to Guantanamo Bay for the KSM / 9/11 hearings with me.  There were representatives from the American Bar Association, the New York City Bar Association, and the Pacific Council on International Policy.

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NGO’s traveling to Guantanamo Bay 8/19/2017, at the family waiting room at Joint Base Andrews.  From Left to Right, Neysa Alsina, Victor King, Justin Bingham, Chuck Dunlap 

 

 

 

 

 

 

 

 

 

 

I handed out copies of the Guantanamo Bay Fair Trial Manual and the Know Before You Go: Guantanamo Bay (which were produced by the MCOP and are routinely distributed to other NGO’s traveling to Guantanamo Bay for the military commission hearings) books at the terminal for them to have as resources during our trip.

What to Expect

“Know Before You Go To Guantanamo Bay” publication produced by MCOP as a guide for those attending Military Commission Hearings

After an uneventful 3 ½ hour flight we arrived at about 1:00 in the afternoon in Guantanamo Bay.  Upon landing we were the last group to exit the plane since we were seated in the very rear of the aircraft.  We entered the main hanger and were processed through initial security procedures which consisted of a review of our travel orders issued by the Pentagon, our passports, and the other documents we had completed in order to travel to Guantanamo Bay.

After clearing through the initial security process in the hanger, we entered the terminal next to the hanger where I briefly got to say hello to Tyler Smith who was traveling back on the same plane we arrived on after observing the Abd al Hadi al Iraqi hearings the prior week.  Since we were the last ones to be processed through security, we had to hurry up and get loaded up onto the vans that were waiting to take us to the waiting ferry.  The ferry is a large military transport boat boat that can hold hundreds of people and also vehicles to cross the bay from the airport to the other side where the military commission hearings are held.

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The military ferry that we traveled on to cross Guantanamo Bay from the air terminal side to the Military Commissions side.

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Photo of a dolphin taken from the ferry as we crossed Guantanamo Bay from the air terminal to the other side where the military commission hearings are held.

 

 

 

 

 

 

 

 

After traveling across the bay on the ferry we collected our luggage and got settled into our tents.  After that, we went to get our security badges which took place within the secured area of the courtroom compound at camp justice.  After that we made a trip to the Navy Exchange (NEX) to stock up on supplies for our week’s stay. The NEX is essentially like a Super-Walmart with food, clothing and general merchandise.

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The accommodations that NGO’s receive during our stay at Guantanamo Bay, Cuba 

 

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An exterior photo of the tent compound at Camp Justice that the NGO’s stay in while attending the Military Commission Hearings

Later in the evening the 4 of us (NGO’s) were invited to attend a BBQ hosted by representatives from the Al Baluchi defense team.  In addition to the Al Baluchi defense team, several other members of other detainee defense teams were also present.  During this time we had the opportunity to talk with some of the defense attorneys about what to expect during the week ahead and how they expected the various issues on the docketing order to be addressed.  We learned that the defense teams anticipated a full day of public hearings on Monday followed by a closed session (closed to the public) on Tuesday due to the discussion of classified information, a public hearing day on Wednesday, and most likely closed sessions on Thursday and possibly Friday.  The members of the defense teams stressed that this tentative schedule is subject to change depending on how the hearings proceed day to day, but if the schedule stays as has been predicted by the defense teams, we should have some down time during the day so we may have opportunities to visit some other parts of the base including Camp X-Ray, Marine Hill and radio GITMO.

While we don’t know our full schedule for tomorrow yet, we have been told that at some point we will also have an opportunity to meet with the prosecution team as well and discuss the proceedings from their perspective.

Charles R. Dunlap, J.D.

Member, Military Commission Observation Project

Program in International Human Rights Law

Indiana University McKinney School of Law

 

Guantanamo Photo Exhibition at Indiana Law – The Unreported Side of Gitmo

 

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 Dean Andy Klein and Judge Aline Fagundes in front of the Guantanamo Photo Exhibition that was created by Judge Fagundes.

Indiana law students, faculty, staff and graduates have a long history with Guantanamo Bay. Much of their work relates to the U.S. Military Commissions – a military tribunal – created by Congress in 2006 to try detainees for alleged conduct associated with war.

 

The students, from Indiana University McKinney School of Law, are holding a photo Exhibition that highlights aspects of Guantanamo that do not focus on their legal work on important cases like that of alleged masterminds of the 9-11 attack on the World Trade Center and Pentagon.

The Exhibition focuses on Guantanamo as a tropical island outpost that “holds a rare natural beauty in the Caribbean Sea”.

Guantanamo is a “place globally associated with stories of terrorism, torture and lengthy detention without charge”, but it has another side to it that is rarely reported, the students note.

The Exhibition comprises photos of nature at the U.S. Naval Station Guantanamo Bay, Cuba (also called “Gitmo”).

Brilliant sunrises and sunsets, sand covered beaches with lapping waves, iguanas, and vultures appear in vividly vibrant, large-scale photographs, clear and sharp.

Indiana McKinney’s Guantanamo involvement.

Indiana McKinney law students, faculty, staff and graduates have been associated with Gitmo for most of the 15 years since the first detainees arrived there in January 2002.  Their Gitmo roles have included law student researcher, expert witness, media representative, chief defense counsel, prosecutor, detention camp legal advisor, detention center guard, Defense Department public affairs representative, and fair trial observer.

Today’s Exhibition explores Gitmo through the eyes of McKinney students who traveled to GTMO as fair trial observers.

The Department of Defense grants “NGO observer status” to Non-Governmental Organizations such as McKinney’s Program in International Human Rights Law, for the stated purpose of promoting transparency at the Commissions. The McKinney human rights program then formed the MCOP – Military Commissions Observation Project. The MCOP sends McKinney faculty, staff, students and graduates to Gitmo Bay to attend, observe, analyze, critique, and publish materials on the hearings. They are fair trial observers.

Exhibition details

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Judge Fagundes and Professor Edwards at Ft. Meade, Maryland

The Exhibition, sponsored by the law school’s Program in International Human Rights Law  (PIHRL) & Master of Laws Association (MLA), is titled “Guantanamo Bay, Cuba, Through the Eyes of Indiana University McKinney School of Law Observers”.

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Judge Fagundes & Professor Edwards at the Pentagon.

The Exhibition is in the Law School Atrium, 530 West New York St., Indianapolis, IN  46208. It runs from 20 April to 15 May 2017, from the end of classes, through the exam period, until the graduation ceremonies.

The Exhibition was created and organized by Judge Aline Doral Stefani Fagundes, LL.M. candidate, MLA President. Judge Fagundes traveled to Gitmo twice, and traveled to the Pentagon and to Ft. Meade, Maryland for other Guantanamo Bay – related hearings.

 

The students noted that the Exhibition would not have been possible without the help of the McKinney Graduate Programs, the Office of External Affairs, and the Office of Students Affairs.

Learn more at www.GitmoObserver.com

Some photos from the Exhibition appear below.

 

 

From Indianapolis City Employee to Guantanamo Bay Observer — Nomination, Confirmation, Preparation

bp-picFrom my perch as an Indianapolis city employee working in economic development, I don’t often receive an email inquiring about the seriousness of my interest in traveling to Guantanamo Bay, Cuba.

But that’s exactly what happened on January 31, 2017.

Indiana University McKinney School of Law Professor George Edwards, an International Human Rights Law Professor of mine and who was also my third-year law school research paper faculty supervisor, emailed me with a simple question: “Are you available for a quick phone call?”

I was puzzled.  I had, years ago, inquired about the law school’s then new Guantanamo Bay Military Commissions Observation Project (MCOP), but after a few exchanges with Professor Edwards and other inquiries, I realized it was simply bad timing on my part.

That said, it turns out I had been in contact with Professor Edwards on an unrelated matter, and renewed my interest in traveling to Guantanamo Bay to monitor military commissions.  Professor Edwards and I discussed the project, and he impressed upon me the gravity of the undertaking.

Professor Edwards asked If I really want to travel to Guantanamo Bay to do the work; which includes lots of preparation, work once you’re there, and work once you return.

He reminded me of the importance of the work of our law school’s Program in International Human Rights Law generally, and about the importance of its Guantanamo Bay work which began more than a decade ago.

It was quite clear this wasn’t a passive trip to Cuba; this was to be taken very seriously and the hard work required of each individual would ideally result in substantive and value add contributions to the policies and procedures Professor Edwards and his partners have worked hard to create.

After a discussion with my spouse, I was officially committed.

Background and Experience

For some background, I was not deeply involved with human rights when I was a law student, and I am not a human rights attorney.  Since graduating from McKinney law school in 2010, I have worked in the private sector for a global aerospace company and in the nonprofit sector for a disabilities services organization.  I currently work for the City of Indianapolis managing real estate transactions and economic development projects and strategy.

In short, I did not think that I was an obvious candidate for a mission to Gitmo as part of a legal proceedings observation effort.  But, it is my hope that my outside viewpoint and fresh set of eyes can be beneficial and offer a different perspective as I observe and try to contribute to the understanding of existing guidelines and procedures.

Back to the Storyline

Once I told Professor Edwards I was committing to the assignment, it was time to better understand the process and the various entities involved.

The Indiana University McKinney School of Law Program in International Human Rights Law (PIHRL), under the leadership of Professor Edwards, established the Military Commission Observation Project (MCOP).  After the Pentagon Guantanamo Bay Convening Authority granted MCOP Non-Governmental Organization Status, affiliates of Indiana University McKinney became eligible to travel to Guantanamo Bay, Cuba to monitor U.S. military commissions which were established to try alleged perpetrators of war crimes. Specifically, as observers or monitors, our 5 principal responsibilities are to: (a) attend; (b) observe; (c) analyze; (d) critique; and (e) report on hearings of detainees at Gitmo.

My process began by submitting certain personal information for consideration by the MCOP Advisory Council.  Once approved for advancement by the Council, my name was then submitted to Pentagon as a nomination.  At this point, the Pentagon can confirm you or deny you.  Fortunately, on February 9, 2017, I was “CONFIRMED” by a Pentagon representative.

To be specific; from the Pentagon:

“You have been CONFIRMED to observe the March 18-25 9/11 Week ONE military commission in-person at Guantanamo Bay, Cuba. Currently, the flight schedule is as follows:

Departing from Joint Base Andrews to Naval Station Guantanamo Bay on 18 Mar (SAT) at 1000

Departing from Naval Station Guantanamo Bay back to Joint Base Andrews on 25 Mar (SAT) at 1000.”

I then had to fill out various forms and agreements. In some ways, this has been the most complicated part so far, since each of the documents is different, and each document must be completed following very specific guidelines. Professor Edwards sent my “completed” documents back to me numerous times for me to modify my original entries to comply with Pentagon requirements, and with requirements of the Indiana University administration including IU lawyers who review some of the forms before we observers are permitted to return them to the Pentagon. The templates that I was given to follow were helpful, but it was nevertheless still a challenge.

Finally, all the documents were reviewed by Indiana University officials (including the IU Treasurer) and by the MCOP, I sent all requisite information to the Pentagon in the hopes that they would grant me full clearance.

ksm-picWhat Hearings will I monitor?

There are three sets of hearings ongoing at Guantanamo Bay now. During the week of my scheduled monitoring (19 – 25 March 2017), hearings will be held in the case against the 5 alleged masterminds of the 9/11 attacks on the World Trade Center and the Pentagon. I remember where I was on September 11, 2001, and I cannot escape the impact it had on me. Pictured in this blog is Khalid Shaik Mohammed, the alleged mastermind himself, who was, among other things, waterboarded 183 times.

This is Actually Going to Happen?!?

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At this time my focus has turned to the nuts and bolts of traveling from Indianapolis to Cuba.  Easy right?  Yeah… I plan to fly to Washington, DC then snag a Lyft and drive to a hotel near Andrews Air Force Base in Maryland, which is around a thirty-minute trip.  I will stay overnight there, in anticipation of my morning flight from Andrews in a military airplane directly to Guantanamo Bay, Cuba.

While at Guantanamo Bay, among other duties, I plan to provide updates via this blog site.

I hope to offer unique insights contributions to the existing body of work relating to legal proceedings, policies, and guidelines. I see this as an occasion to provide transparency from an “on the ground” perspective.  Very few have had the chance to travel to Gitmo to monitor military commission proceedings; I intend to make the most of this opportunity, for the benefit of all concerned.

Duties and Responsibilities

One of the most important tasks of anyone traveling to Guantanamo Bay as part of the IU McKinney MCOP is to contribute to the Guantanamo Bay Fair Trial Manual.  You can find the Manual here: https://gitmoobserver.com/military-commission-observers-manual/

FT Manual

This Manual is the product of the hard work performed by Professor George Edwards and other student and legal partners who have been observing at Gitmo for years.  It provides many of the policies and procedures that govern the treatment of detainees and the trial and legal proceedings.  It is an objective and independent document that is used by observers from other institutions and others as they form their own judgments as to whether Guantanamo Bay stakeholders are being afforded all rights and interests they are owed.

I feel it an honor to be able to observe and contribute to this important document.

I am proud to be an Indiana McKinney School of Law alum, and thankful for the opportunity provided by the MCOP and the Program in International Human Rights Law.

Brent M. Pierce, J.D. ’10

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

Arrival at Guantanamo Bay to Monitor the 9/11 Pre-trial Hearings

I have been nominated and confirmed to monitor the 9/11 pre-trial hearings against the five alleged masterminds of the 9/11 attack on the World Trade Center and the Pentagon. The hearings are scheduled to take place at the Guantanamo Naval Station, at Guantanamo Bay, Cuba from December 5-9. I am participating as an affiliate of the Indiana University McKinney School of Law Program in International Human Rights Law (PIHRL), which is a non-governmental organization (NGO). You can see my previous blog posts regarding this mission here and here.

Arriving at Guantanamo Bay

I left Joint Base Andrews (JBA) at 8:00a on Saturday, December 3rd, my pre-departure blog post can be seen here. I flew over on a Boeing 767-200ER operated by Omni Air International. As an NGO observer, there was no cost to me for the flight. The flight was about half full and had approximately 110 passengers. I previously heard that the plane is usually divided into sections for different stakeholders. However, there was never any mention of sitting in a specific area and it appeared that everyone sat wherever they wanted to. It may have been different because the flight was so empty.

After arriving on base at about noon, the NGOs gathered in a group with our escort. There are eight NGO observers in my group, including myself. Our mission is to be the eyes and ears for the outside world. We are responsible for attending, observing, analyzing, critiquing, and reporting our experiences at the pre-trial hearings and Guantanamo Bay in general. We have an escort that helps us move around the base. Our escort also facilitates various needs that we have throughout our time at GTMO. The escort also ensures that we get to court and other places on time. This was our escort’s first time working as an NGO escort, although the escort has been to Guantanamo Bay multiple times.

After departing the plane, the NGOs went into a building where military personnel checked our passports and paperwork. The military personnel inspected our paperwork then sent us to a lobby in the building. Our escort made a phone call to see if we had a vehicle coming to pick us up. After about fifteen minutes, two vans arrived to take us and our luggage to Camp Justice. The main portion of the Naval Base is across Guantanamo Bay from the airport where the plane arrived. I, along with the other seven NGOs, were taken across Guantanamo Bay via ferry. It took about 20 minutes to get across Guantanamo Bay.

Arriving at Camp Justicedsc_0068After exiting the ferry, we were then driven to Camp Justice and had an opportunity to unpack and settle in. The accommodations have been surprisingly comfortable. We have had access to free internet (via Ethernet cord) in the MWR (morale, welfare, and recreation) tent, which is only 50 feet from the housing tents.

After we settled into camp, we were taken to have our badges made. We also received a short briefing from the head of security. A lot of the discussion focused on where we were allowed to take pictures. Within the Expeditionary Legal Center (ELC), we were informed that we could only take pictures in three areas. The head of security provided us a map that showed the areas that we could take pictures. I folded the map and took it with me when we were finished with the security briefing. After I walked outside the head of security came out and told me that he needed the map back. Without the map it was unclear where pictures were allowed to be taken in the ELC. The general rule at GTMO is to not take any pictures of structures that are inside a fence. Some areas also have signs that say “no photography.”dsc_0112

Around the island

Since we arrived on Saturday, and hearings do not start until Monday, we had the weekend to explore the base with our escort. On Saturday, we had a meeting lined up with the defense team for al Baluchi. The meeting was a great opportunity to speak with the defense team in an informal setting. They were very candid in their responses, and they answered all of the questions asked. It was nice to get their perspective, but I will reserve any judgment until I have had an opportunity to listen to the prosecution and see the hearings this week.

On Sunday, we went on a driving tour of the base. We started by drivindsc_0036g to Camp X-Ray. I had requested a foot tour of Camp X-Ray but our escort said that it takes at least a month to get approval to do a foot tour. We stopped on the road and were able to look at the camp. It was probably 150 yards from the road and was very overgrown with weeds and trees. We were not allowed to take photographs of Camp X-Ray. We were then taken to Windmill Hill, which provided excellent views of the island. We could also see the detention facilities from there. There were no pictures allowed there either. Next, we drove by Radio GTMO, which was closed. We then drove to Cable beach. Finally, we made our way back to Camp Justice.

A portion of our group then decided to go to the beach. We were informed that Girl Scout Beach would be the best beach for swimming. Hurricane

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Justin at Girl Scout Beach

Matthew caused some damage to the stairs that lead down to the beach, but it had been repaired recently. The beach was nice but sandals or beach shoes would have been helpful because it is very rocky. The water temperature was great and the water was very clear.img_4973

 

Part of the group finished the day at O’Kelly’s Irish Pub and the other half of our group watched Hacksaw Ridge at the Lyceum outdoor movie theater. I was happy to see that the base had many of the same amenities as home, although, it often creates a strange dichotomy. One minute you are driving by a football field and McDonalds, then the next minute you are driving by buildings and tents surrounds by fencing and razor wire.

The base also had a lot of holiday activities and decorations. There was a Christmas parade on Sunday, with decorated floats. The NEX (similar to a supermarket) had a bunch of decorated Christmas trees outside. Near the marina, there was a very large decorated tree and a bunch of outdoor Christmas decorations. When we are traveling through the base, it very much felt like any other town.

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Justin and two other NGOs.

I look forward to posting about the upcoming pre-trial hearings.

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Justin at Girl Scout Beach

 

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Iguana at Girl Scout Beach

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Justin’s room at Camp Justice

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Girl Scout Beach

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Girl Scout Beach

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Girl Scout Beach

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Justin W. Jones (J.D. Candidate, ’18)
NGO Monitor, U.S. Military Commission Observation Project (MCOP)
Program in International Human Rights Law
Indiana University McKinney School of Law

Awaiting Departure to Guantanamo Bay, Cuba

I am now at Joint Base Andrews Naval Air Facility Washington, known as JBA – Joint Base

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Reading the Guantanamo Bay Fair Trial Manual the night before departure.

Andrews – awaiting my departure at 08:00. I was picked up, along with three other NGO Observers, at 04:00, at a hotel just outside of JBA. The check-in process was quick and very similar to checking into a civilian airport.

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Boarding ticket

We are fly to Guantanamo Bay to monitor hearings in the case against Khalid Shaik Mohammad and four other alleged masterminds of the September 11 attack on the World Trade Center and the Pentagon. The flight is scheduled to depart at 08:00. The original departure time was 10:00. I heard that the flight was moved up two hours because the pilot would have been over hours for the day if the flight departed at 10:00.

The hearings are scheduled to run from December 5 – 9. I will be returning to JBA on December 1o.

I have met the other NGO’s Observers and distributed excerpts from the Guantanamo Bay Fair Trial Manual.

I will be departing soon, and my next post will be from Cuba.

Justin W. Jones (J.D. Candidate, ’18)
NGO Monitor, U.S. Military Commission Observation Project (MCOP)
Program in International Human Rights Law
Indiana University McKinney School of Law

Preparing to travel to Guantanamo Bay to monitor 9/11 hearings

I was selected to travel to Guantanamo Bay, Cuba to monitor the U.S. Military Commission in the case against the alleged masterminds of 9/11. I was approached just over a week ago by Professor Edwards when he was inquiring into my availability to travel to Guantanamo Bay either the first or second week of December. He informed me that there was no guarantee of nomination or acceptance, but I was very excited to even have the possibility of traveling to Guantanamo Bay to monitor the 9/11 hearings. I quickly responded that I was available to monitor the hearing during the first week of December. Less than 24 hours later I was on a video conference with Professor Edwards regarding my interest in traveling to Guantanamo Bay to monitor the 9/11 pre-trial hearing. I was nominated by the Program a few hours later and my information was sent to the Pentagon for selection approval. To my surprise, less than three hours after being nominated by the Program, I received the following email from the Office of Military Commissions (OMC) – Convening Authority:

Good afternoon Justin,

You have been CONFIRMED to observe the December 5-9 9/11 military commission in-person at Guantanamo Bay, Cuba. We are scheduled to depart Andrews Air Force Base at 1000 on Saturday, December 3, 2016, and will return on Saturday, December 10, 2016, around 1330.

I was very excited to have received the confirmation, and I was incredibly surprised that it occurred so quickly. I was concerned that the process might be slowed down by the upcoming holiday, so I was very happy to have received the confirmation the same day.

The Logistics

On the evening of December 2nd, I will be arriving at Ronald Reagan Washington National Airport, Arlington, VA. That night I will be staying at a hotel at Joint Base Andrews in Maryland. Joint Base Andrews was formed when Andrews Air Force base and Naval Air Facility Washington merged in 2009. I am scheduled to deparusbaset Joint Base Andrews at 10:00 a.m. on Saturday, December 3rd. I plan to arrive at Guantanamo Bay from December 3rd until December 10th. Travel plans have frequently changed during other NGOs’ missions, so I am trying to book refundable tickets in case anything changes in the next week. I currently do not have any information on the type of plane or the estimated time of arrival in Guantanamo Bay.

Paperwork

In the email that I received from the OMC – Convening Authority, I was informed that I would need to complete and return four documents: (1) a hold harmless agreement, (2) an invitational travel worksheet, (3) a Department of Navy base access pass registration, and (4) the NGO ground rules. Aline Fagundes was kind enough to provide me with copies of

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Aline at Guantanamo Bay

her paperwork so that I could use them as a guide to properly fill out my forms. The forms are generally self-explanatory; however, there are some parts of the forms that would be difficult to accurately fill out without having a sample. I am currently working on creating a pdf with sample forms and instructions for completing the four documents required by the OMC.

I did run into an issue with sending the documents back to the OMC. I sent the four documents as .pdf attachments. Three of them went through fine, but the OMC told me that one of the documents was too dark. I opened the document up and it looked great on my end. I resent the document but again the OMC stated that the document was too dark. I rescanned the document into individual pictures (not .pdf). Then I sent the document in two individual attachments, with one page in each attachment. This time the OMC was able to clearly read the document. I used the same scanner both times and both times the document was clear and legible on my end.

NOTE: If the OMC is having issues reading your document, try to send the document in .jpeg format instead of .pdf.

Preparing for the Hearing

                I still have a lot of work to do in the next week. First, I will

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Guantanamo Bay Fair Trial Manual

continue to review the Guantanamo Bay Fair Trial Manual. I will also be checking mc.mil to review the pleadings and filing that are currently available. Hopefully, by early next week, mc.mil will have more up-to-date postings. I will also be speaking with Aline because she was the last IU Affiliate to attend a 9/11 hearing. I was at Ft. Meade in October to observe the al Nashiri pre-trial hearing, see the blog post here, but I am not up-to-date on the 9/11 hearings yet.

 

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Justin at Ft. Meade

Conclusion

I am honored to have been selected to travel to Guantanamo Bay to monitor the 9/11 hearing. I look forward to documenting my experience and providing my analysis of the proceedings.

Justin W. Jones, J.D. Candidate (2018)
NGO Monitor, U.S. Military Commission Observation Project (MCOP)
Program in International Human Rights Law
Indiana University Robert H. McKinney School of Law

My Week in Guantanamo Bay, Cuba

 

For a week in October 2016, I had the most extraordinary experience of my academic life, certainly one of the most extraordinary experiences of my whole life. I traveled to the Guantanamo Naval Station, at Guantanamo Bay, Cuba, to monitor the U.S. Military Commission case against five alleged masterminds of the 9-11 attack on the World Trade Center and the Pentagon. I was nominated to represent the Military Commission Observation Project of the Indiana University McKinney School of Law. Our Indiana program, sponsored by the McKinney Program in International Human Rights Law, is a non-governmental organization (NGO) that is permitted to send law students, faculty, staff and graduates to Guantanamo to monitor hearings.

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Flying to the island

Our flight from Andrews Joint Base, near Washington DC, to Guantanamo Bay, Cuba, was originally scheduled to depart on Saturday, October 8. For reasons that are not very clear to me (click here for more details), a large plane flew for Guantanamo Bay but left at least two groups of people behind – member of the media and 13 NGO representatives, including me. The NGOs flight was postponed until Monday, October 10. That meant that we had to spend two nights in hotels near Andrews, at our own expense.

The original Saturday flight was supposed to be operated as a charter by a regular commercial airline (like United, or American Airlines). Usually, the regular flights carry virtually all Guantanamo Bay participants, including the defense counsel, the prosecution, the judge and the judge’s staff, the media, victims and victims’ family members, interpreters and translators, IT personnel, and other personnel. Everybody travels together on the same plane, arrives at Guantanamo Bay at the same time, and have an equal amount of time on the ground at Guantanamo Bay to prepare for the hearings.

The Pentagon hired a  Jetstream 31, 15 seat private jet to transport the NGOs on Monday morning. The trip from Andrews to Guantanamo on Saturday’s commercial flight took around 3 hours. Our trip on Monday on the Jetstream took over 9 hours, including one layover in Georgetown, SC and one in Opa-Locka, FL. The last leg on the Jetstream, which had no toilet on board, lasted 3 hours. Tough.

We arrived at Guantanamo (“on island”, as they call it) around 8 pm on Monday, and had to hurry to catch the ferry from the landing strip to the main part of the Guantanamo base, otherwise we would need to wait another full hour – until 9 pm – for the next ferry.

We finally made it to Camp Justice, our “tent city” where we would live for the next week. We NGOs left all our stuff in the tents we were housed and went directly to the security area where they made our security badges. After that, it was so late that the only place open for food on island was the Guantanamo Bay MacDonald’s. The tiredness and hunger prevented any complaints. After we ate, the military escorts took us to our tents.  I knew we would be housed in tents, but I confess I underestimated what this entailed. The tent and other facilities were extremely simple.

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The tents were simple and, to keep iguanas and banana rats away,  extremely cold.

 

The first full day

Those who wanted to have breakfast at the Galley, which is the cafeteria where soldiers on base eat, should be ready standing outside the tents at 6:15 am. Worth it. Excellent breakfast for $ 3.45.

The hearings were scheduled to start at 9 am.  So, after breakfast, our Pentagon escorts met the NGOs at 8:00. Even though the walk to the courtroom takes only about 5 minutes, we had to go early so we could go through several security checks, much more extensive than security at any U.S. airport.

After we entered the courtroom, I went to my assigned seat in the Courtroom Viewing Gallery, which is in the back of the courtroom. Between the gallery and the actual courtroom there is a double-pained bullet proof glass. The NGOs, media, victims and victim’s family members watch it from the gallery, where the sound from the courtroom is transmitted with 40 seconds delay, in case any classified information is mentioned. My seat was directly behind the five alleged masterminds of the 9-11 attack. Unbelievable. We were seated only a few feet behind 5 men who allegedly perpetrated one of the greatest crimes in history – the bombing of the World Trade Center and the Pentagon.

The hearings

The hearing lasts from Tuesday to Friday, though some of the hearings contained classified information and those portions were closed to NGOs, media, and victims and their families. Memories of this week in courtroom include arguments about torture, debates about a joint defense agreement (the 5 defense teams agreeing on some points), documents seized by jailers, depositions by closed-circuit transmission, one accused acting in his own defense, the defendants’ prayer ritual in the courtroom, extraordinary arguments on novel topics, and even a few jokes between the judge and the counsels. The hearings are still in the pre-trial phase, though the World Trade Center attack happened over 15 years ago (11 September 2001), and these 5 defendants were arraigned 5 years ago (2011).

To be able to write faster I made all my annotations in Portuguese, my first language. I brought around thirty pages of written records, which I am willing to organize and publish. Thanks to the Indiana University McKinney School of Law’s Guantanamo Bay Fair Trial Manual I was able to follow more appropriately all the procedures.

At the end of the hearings on the first day of the week, the family members of victim’s, who were seated on the right side of the gallery, walked to the left side and stopped right behind the defendants, just in front of my seat. A family member held the picture of her youngest sister against the glass, pointing in the direction of the defendants, who would walk towards us as they were escorted out of the courtroom. This was a very sad and tense moment.

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Conclusion

I left the Guantanamo Bay feeling conflicted. That beautiful place facing the Caribbean blue sea carries sadness and shame. Much needs to be done to reach justice, fair trial, and transparency. My mission is not done. I realized it has just begun. I consider myself a fortunate person to be afforded an opportunity to be the eyes and the ears of the outside world in Guantanamo Bay. Keep tuned! I will publish more!

Ready to fly to Guantanamo Bay – Cuba

I am now at Joint Base Andrews Naval Air Facility Washington, known as JBA – Joint Base Andrews (joint base due to the merger of the Andrews Air Force Base and the Naval Air Facility Washington). The JBA is the home of Air Force One, the aircraft that carries the President of the United States.

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I just met the other NGO’s Observers who, like myself, are scheduled to fly to Guantanamo Bay to monitor hearings in the case against Khalid Shaik Mohammad and four other alleged masterminds of the September 11 attack on the World Trade Center and the Pentagon (please, see my previous posts clicking here).

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I distributed to each NGO Observer a copy of the Guantanamo Bay Fair Trail Manual

 

The hearings are now scheduled to start tomorrow (Tuesday, October 11) and to last until Friday, October 14. We are scheduled to flight back to the U.S. on Saturday, October 15.

We are ready to depart. Keep tuned to follow my first post from Cuba.

 

Aline Fagundes (LL.M. Candidate, ’17)

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

 

All of my comments above are mine and mine alone, written in my personal capacity, and not in the capacity as a Judge, and do not necessarily reflect the opinions of Indiana McKinney’s MCOP, the PIHRL, or any other individual or group.

Our 2-day delayed flight to Guantanamo Bay’s War Crime Court

A few weeks ago I was confirmed as an NGO Observer to monitor the hearings in the 9/11 case at Guantanamo Bay (click here to see my previous posts). It was finally the day to fly from Indianapolis, where I currently live, to Washington DC, where I would catch a military flight at Andrews Air Force Base to take me to Guantanamo Bay. The flight from Andrews to Guantanamo Bay was scheduled for Saturday, October 8, morning, and I was supposed to be at Andrews at 5:30 am.

I was at Atlanta Airport, half way to DC, when I opened my emails and received this message, sent Friday, October 7, at 4:42 pm:

“There has been a change in the flight schedule and you will all now be flying down on island on Monday at 1000. Unfortunately, the number of passengers for tomorrow’s flight exceeded the number of seats available on the aircraft (primarily due to additional personnel that needed to fly down to assess the infrastructure post-storm).”

I was already on my way, so I had to book two extra nights at the DC hotel, and spend the whole weekend in DC.

On Saturday, October 8, Carol Rosenberg (link), a Miami Herald correspondent and one of the passengers of our original Saturday morning flight – that was taking judges, defense councils, prosecution, interpreters, victims and family members, media and others to Guantanamo – tweeted she had to leave the airplane and was not able to go to Guantanamo Bay that day. Apparently information was circulated that the issue was the overweight of the aircraft and the Pentagon needed to solve it to be able to fly around the Hurricane Mathew.

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Until that moment, it appears that those on this plane thought only the NGO Observers would be left behind in DC for 2 days. As it turns out, media may have been bumped out the plane, but media’s luggage stayed on board. How would that help effectively resolve overweight issues?

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Carol Rosenberg then reported that she noticed the IT support techies were likewise bumped from the flight.

 

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(see more here)

So, I am thinking what kind of additional personnel instead of NGO Observers and media needed to fly down to assess the infrastructure post-storm, if IT techies were not essential.

The transparency we are pursuing seems to be blurred.

 

Aline Fagundes (LL.M. Candidate, ’17)

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

 

All of my comments above are mine and mine alone, written in my personal capacity, and not in the capacity as a Judge, and do not necessarily reflect the opinions of Indiana McKinney’s MCOP, the PIHRL, or any other individual or group.

The NGO’s Flight to Guantanamo Bay is Postponed for 2 days

“There has been a change in the flight schedule, and you will all now be flying down on island on Monday at 10:00.”

I received this message from the Pentagon when I was at the Atlanta Airport yesterday (Friday), on the way from Indianapolis to Andrews Air Force Base near Washington DC.

I am an observer from Indiana University McKinney School of Law’s Program in International Human Rights Law, confirmed to attend and monitor hearings at Guantanamo Bay from 11 to 14 October, 2016 (please read my previous posts here). The hearings are in the case against Khalid Shaik Mohammad and 4 other defendants who allegedly masterminded the 9/11 attacks on the World Trade Center and the Pentagon.

The flight to Guantanamo was originally scheduled to depart from DC on Saturday, October 8, and I was supposed to be at the Joint Base Andrews Terminal at 5:30 am.

We were informed, “the number of passengers for tomorrow’s flight exceeded the number of seats available on the aircraft (primarily due to additional personnel that needed to fly down to assess the infrastructure post-storm).”

 

My role as NGO Observer in the 9/11 case

I would have to spend 3 nights in DC before flying to Cuba, and the other 11 NGOs and I would miss almost 3 days of observation. This delay undermines part of my job as a monitor, since the whole purpose of this mission in not solely to watch the hearings. For instance, we will be missing a gathering on Sunday we were invited to by one of the defense teams, miss opportunities to meet with other defense counsel and media, miss possibly meeting the prosecution, and miss other valuable interactions. As observers, our responsibilities include to attend, observe, analyze, critique and report on the Military Commissions. The observer’s job begins at the moment of the confirmation to attend the hearings, and includes paying attention to communications with the Pentagon, defense counsel, and other NGOs, and otherwise observing and interacting with other stakeholders.

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Rather than being at Guantanamo and meeting with defense counsels, other NGO’s, media and observing the situation on the ground, I am stuck in a hotel, near Washington DC.

 

I just learned on Twitter that there may have been issues about the media and their equipment on the plane this morning (Saturday). I will monitor and report about it later. See @GitmoWatch, @carolrosenberg and @GitmoObserver.

 

Aline Fagundes (LL.M. Candidate, ’17)

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

 

All of my comments above are mine and mine alone, written in my personal capacity, and not in the capacity as a Judge, and do not necessarily reflect the opinions of Indiana McKinney’s MCOP, the PIHRL, or any other individual or group.

Observing at Ft. Meade and Hurricane Matthew

My name is Sheila Willard and I am a 2L student at IU McKinney Law.  Born and raised in Texas, I moved to Indiana a year and a half ago with my Hoosier husband to escape the humidity and to start a new life in the Midwest.  My parents hail from Argentina, South America, and I am a first generation American.

I first became acquainted with the Military Commission Observation Project (MCOP) after receiving an email from Professor Edwards soliciting applications from those interested in participating in the observation of 9/11 hearings.  My entire adult life I have been concerned with human rights and, having grown up with the tragedy of 9/11, the email naturally piqued my curiosity.  I submitted my application, and hoped for the opportunity to be involved in an observation.  A few weeks later, I received clearance to observe the hearings at Ft. Meade, Maryland, during the week of October 10, and immediately began planning my trip there.

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Travel from Indianapolis, IN to Ft. Meade, MD with a stop in D.C. on the way.

Due to Hurricane Matthew wreaking havoc in the Caribbean and off the southeast coast of the U.S., the hearings originally scheduled to begin on Monday, October 10, will likely be pushed back a day and begin instead on Tuesday, October 11.  As of this afternoon, there is no update stating otherwise, so I may change my flight to arrive on Monday instead of Sunday, as originally planned.  Regardless, I am happy for the opportunity Professor Edwards has given us and am looking forward to making the trip next week.

Until then, I am preparing by reading the Guantanamo Bay Fair Trial Manual and keeping a watchful eye out for further instructions.  I am excited to make the trip, but am emotionally torn for the thousands of people affected by Hurricane Matthew.  As of this afternoon, the casualties have soared to over 800 people in Haiti, and Florida is next to be hit.  Having lived in Houston through Hurricanes Katrina and Rita, I know from experience how much stress is involved in evacuation and how much heartbreak is felt in the aftermath.  I pray for the people who have lost everything overnight and hope for the strength they will require to rebuild their lives.

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First reports of Hurricane Matthew aftermath on Haiti. USA TODAY, Photo: Dieu Nalio Chery, AP (10/7/16)

 

Sheila Willard, J.D. Candidate 2018

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University Robert H. McKinney School of Law

From Brazil to Guantanamo Bay, Cuba – Monitoring Military Commissions through the Eyes of a Judge

“Aline, we nominated you for the 9/11 week to travel to Guantanamo Bay to monitor hearings.”

This was the first sentence I had read on the morning of August 25, around 6 am, when, still in bed, I opened my mailbox on my phone. I could barely hold my excitement! The first step was given!

Well, let me start from the beginning…

My name is Aline Fagundes, I was born in Oakland, California, but I was raised in Brazil, where I received my first degree in law in 1993, from the Pontifical Catholic University of Rio Grande do Sul, in Porto Alegre. From 1993 to 2005 I worked as a trial attorney, and on September 23, 2005 I became a judge in the Labor Court.

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In 2015 I applied for IU McKinney Master of Laws Program in Human Rights, certainly one of the best steps of my academic and professional life. Through the program I was introduced to a great variety of opportunities, all of them incredibly well supported by the Law School. For instance, I attended an externship at the Indiana Supreme Court, where I improved in networking, state matters and law, also made friends for life. The most recent activity I engaged is the Military Commission Observation Project (MCOP).

MCOP was established by IU McKinney Program in International Human Rights Law (PIHRL), once it was granted “NGO Observer Status” by The Pentagon’s Guantanamo Bay Convening Authority. Through MCOP, IU McKinney Affiliates can be selected to attend, observe, analyze and critique and report on hearings of the Guantanamo Bay detainees charged with war crimes. IU Affiliates can either travel to Guantanamo to observe in person, or monitor the proceedings from Ft. Meade, Maryland military base via secure video-link.

The selection process includes being nominated by the MCOP Advisory Council and having your name submitted to the Pentagon, who in last instance may grant or not the authorization to be an observer. In my case, I was nominated on August 24, 2016, and on September 9, just two days before the 15th anniversary of the September 11 Attack on the World Trade Center, I received this message from the Pentagon:

“You have been CONFIRMED to observe the 11-14 Oct military commission in-person at Guantanamo Bay, Cuba. We are currently scheduled to depart Andrews Air Force Base at 1000 on Saturday, Oct 8, 2016, and will return on Saturday, Oct 15, 2016, around 1330.”

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Khalid Shaik Mohammed, the lead defendant in the 9/11 case against 5 alleged masterminds of the 9/11 attack on the World Trade Center and Pentagon.

The date was extremely significant. The hearings I am scheduled to attend are in the case against defendant Khalid Shaik Mohammad, and four other alleged masterminds of the September 11 Attack on the World Trade Center and the Pentagon. It has been 15 years since that attack, and the defendants in that case are still in the middle of pre-trial hearings.

Logistics of the mission to Guantanamo Bay

Since I have received that message about the Pentagon accepting me to travel to Guantanamo Bay, I could not stop thinking about Guantanamo Bay all the time. I am expected to travel from Indianapolis to Andrews Air Force Base (where is based Air Force One, the United States Air Force aircraft carrying the President of the United States). At Andrews, I am expected to fly on a military transportation to Cuba, where I would stay in a military tent. Guantanamo Bay is a U.S. Naval Station (in 1903, Cuba signed a treaty that leased Guantanamo Bay to the United States for use as a Naval Station).

I plan to blog step by step my experience on behalf of the Indiana McKinney Military Commission Observation Project. It is part of my responsibility to be the eyes and ears from Guantanamo Bay to the outside world, as most people will never have the opportunity to travel there for these hearings. I hope to help promote transparency, to tell the outside world what I hear, see – what I experience as part of this Guantanamo Bay mission. I recognize that this mission has already begun, with my preparation. I plan to continue to blog before I go, while I am there, and after I return.

The academic meaning is even more exciting. If you search Guantanamo on the web, an enormous number of links will direct you to stories related to torture and human rights violations. Unfortunately, an expressive number of it are true, or were true. The fact that the United States are taking action in order to provide transparency represents a lot, and to be granted the opportunity of working on this goal is a tremendous responsibility. After my journey to Guantanamo Bay, I will have a better idea about how transparent the process really is.

Guantanamo Bay Fair Trial Manual

As part of my mission, I will be contributing to the Guantanamo Bay Fair Trial Manual, that Professor George Edwards is creating with students to help observers / monitors and others interested in the rights of and interests of Guantanamo Bay stakeholders. We are reminded that not only do the defendants have rights, but also other individuals and groups have rights and interests, including the prosecution, victims and their families, witnesses, men and women who guard the detainees, the media, and the domestic U.S. and international communities. I hope to share information about and with the full range of stakeholders.

Through the Manual and the observing / monitoring that I and others do at Guantanamo Bay, we are helping to ensure that “whatever happens in Guantanamo does not stay in Guantanamo”. Information is important, and I will do my best to help ensure that knowledge about Guantanamo Bay is share with others on the outside.

I am proudly part of the Guantanamo Bay Fair Trial Manual project, and proudly part of the Military Commission Observation Project of Indiana University McKinney School of Laws’ Program in International Human Rights Law.

 

Aline Fagundes (LL.M. Candidate, ’17)

NGO Monitor, U.S. Military Commission Observation Project (MCOP)

Program in International Human Rights Law

Indiana University McKinney School of Law

 

All of my comments above are mine and mine alone, written in my personal capacity, and not in the capacity as a Judge, and do not necessarily reflect the opinions of Indiana McKinney’s MCOP, the PIHRL, or any other individual or group.

 

My travel to observe Guantanamo Bay hearings in the case against alleged 9/11 plotters

Klein & Edwards at Ft. Meade Commisary -- 18 July 2016

At the Ft. Meade Commissary.

 Today I traveled to Ft. Meade, Maryland to observe pre-trial hearings in the criminal case against 5 alleged masterminds of the 9/11 attacks on the World Trade Center and Pentagon. The hearings are being broadcast live from Guantanamo Bay, Cuba, into the Post Theater at the Fort Meade Army Base, and can be viewed there by media, human rights non-governmental organizations (NGOs), victims and victims’ families, and other stakeholders.

I traveled there as an official NGO Observer sponsored by the Military Commission Observation Project (MCOP), which Professor George Edwards founded at Indiana University McKinney School of Law. Our Project, which is also referred to as the Gitmo Observer, has sent dozens of IU McKinney Affiliates — faculty, staff, students and graduates  — to Guantanamo Bay, Cuba and Ft. Meade to attend, observe, analyze, critique and report on these hearings.

My trip to Maryland – Sunday

I flew to Maryland last night, and had time to re-review the wealth of background material the Project provided.  One important resource is the Guantanamo Bay Fair Trial Manual – with lead author Professor Edwards, and whose researchers have included many IU McKinney affiliates. The Manual provides significant information — general and basic, as well as highly specialized information — about the military commissions. It summarizes the applicable law, explains the charges, identifies the individuals and entities who have rights and interests associated with the tribunal, describes a plan that Observes might follow as they carry out their observation mission, and even provides a chart of a who’s who in the courtroom. The Manual is a must read for anyone interested in Guantanamo Bay hearings.

Dean Klein & Professor Edwards in front of the McGill Training Center, the new site for Guantanamo video viewing.

We are in front of the McGill Training Center, the new site for Guantanamo video viewing.

Closed hearing – Monday morning

Early this morning I met Professor Edwards at the hotel, and discussed final details before we went to the army base, which happens to be the home of the National Security Agency (NSA) and other intelligence entities.

We were forced to modify our plans to observe hearings of Khalid Shaikh Mohammad (who was waterboarded 183 times) and the other 4 defendants accused of planning the September 11th attacks. We learned that the military judge decided that today’s hearings would be “closed”, meaning that Observers were not permitted to observe. I was disappointed that I would not have a chance to witness today’s hearings. But, it was still a very worthwhile trip.

 What we did at Ft. Meade – hurdles & highlights

The day had highlights and hurdles.  I’ll mention some below.

First, Fort Meade recently instituted security procedures that require new visitors to stop at the Visitor Center at the base’s Main Gate (Reece Road Gate) and collect a hard plastic badge. Ordinarily Observers would submit their personal information 10 days before they arrive for a hearing, and can pick up their sturdy badges quickly at the Visitor Center.  These procedures apply not only to military commission observers, but also to anyone with business on the base, and includes civilians visiting family.

We arrived at the Visitor Center to pick up my badge. We had quite a wait. There were dozens of other people also seeking to get badges. I was grateful that Professor Edwards had a permanent Ft. Meade badge, which made it easier for me to get processed in.  The good news is that once you get cleared, you can swipe your badge at any of the gates and drive onto the base, directly to the viewing site.

A word to the wise for IU  McKinney Affiliates who plan to observe Guantanamo Bay hearings at Fort Meade:  Bring your drivers’ license and passport, and arrive early.

Dean Klein reading a copy of the Guantanamo Bay Fair Trial Manual -- Volume I.

The Guantanamo Bay Fair Trial Manual is an invaluable tool to help prepare for an Observation mission.

Second, after I gained clearance to enter the base, Professor Edwards and I went to the McGill Training Center, which will soon be the new permanent site for video observations of Guantanamo proceedings.  (Until now, all the video hearings were broadcast into a large auditorium at the Post Theater, where they show feature films in the evenings and on weekends.)  A staff member escorted Professor Edwards and me through the training center, and explained that the site change had been made for several reasons, including the ability to move hearings to a variety of different rooms to enhance security by keeping exact screening locations unknown until the hearings take place.  Most of the rooms at the training center are also much smaller than the Post Theater auditorium, which may make sense since at times only a small number of Observers attend hearings on the base.

Outside the Post Theater, where "Central Intelligence" was being screened -- $6.00 for adults, and $3.50 for children.

Outside the Post Theater, where “Central Intelligence” was being screened — $6.00 for adults, and $3.50 for children.

Third, Professor Edwards and I went by the Post Theater, where many IU McKinney Affiliates have viewed Guantanamo proceedings. Unfortunately, the doors were locked and we couldn’t go inside. But, based on what I have heard about the actual theater – that happens to be showing the PG film “Central Intelligence” now (see photo) – it’s very much like a Broadway theater with a big screen set up on the stage to show the Guantanamo Bay feed.

Fourth, Professor Edwards was able to brief me on the status of the Khalid Shaikh Mohammad 9/11 hearings, the substance of some of the upcoming motion hearings that I had hoped to observe today, other cases pending for trial, and the one convicted detainee who is awaiting sentencing.  He also briefed me on the Periodic Review Board (PRB) that he observed at the Pentagon on Thursday the 14th, in which a Libyan detainee asked the Board to send him back to Libya or to a third country for resettlement. That PRB observation is through the IU McKinney Periodic Review Board Project.

Fifth, it was good to tour the facilities mentioned above. It was also interesting to drive around the base, appreciate its size and the breadth of work performed there.

Klein at Ft. Meade - in front of Post Theater sign - 18 July 2016

Another shot in front of the Post Theater

Conclusion

Although I was disappointed that I could not observe a hearing today, I am glad that I made the trip, and I am proud that the McKinney School of Law and our Military Commission Observation Project provides this very special opportunity to members of our community.

Every IU McKinney Affiliate – faculty, staff, student, graduate — is invited to register for the possibility of undertaking an Observer mission to Ft. Meade, or to Guantanamo Bay, Cuba, itself.  Details about this process can be found here.

By Andrew (Andy) Klein

Dean & Beam Professor of Law

Indiana University McKinney School of Law

Posted by George Edwards on behalf of Dean Klein

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