Rick Kammen – al Nashiri Defense Counsel

Training to Monitor Trials at Guantanamo Bay

MCOP - Pre-Departure - 11 April 2014 - Classroom shot

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

Guantanamo Bay Briefing

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

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

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

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

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

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

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

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

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

Briefing Book

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

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

Reprisals? (Ft. Meade – 22 April 2014)

Jeff Papa attends U.S.S. Cole al Nashiri Military Commission hearing broadcasted from Guantanamo Bay, Cuba to the Post Theater at Ft. Meade, Maryland.

Jeff Papa attends U.S. Military Commission (Guantanamo Bay) hearings in the case involving the alleged masterminds of the U.S.S. Cole bombing. The hearings are live at Gitmo & by secure videolink to the Post Theater on the military base at Ft. Meade, Maryland.

Today’s hearings were on the case of the alleged masterminds of the bombing of the U.S.S. Cole, a naval ship harbored in Yemen in 2000. Judge Pat Riley (Indiana Court of Appeals) from our team is in Guantanamo Bay, sitting in the courtroom. Luke Bielawski and I are at Ft. Meade, Maryland, watching the Guantanamo proceedings on secure videolink.

What’s on for Today? A Question of Reprisals

The Commission hearings covered several interesting issues today. The most interesting issue was the last item discussed.

The defense has requested information about third party civilian deaths and collateral damage caused by US or coalition forces in order to consider a defense of reprisal.

Judge Pohl began by pointing out that the government alleges that reprisal is only a defense if the defendant is a state actor. The defense agreed, but reserved the right to argue that Nashiri is a state actor. The defense claimed that this is relevant to his state of mind and any ability to participate in the governments alleged far-flung conspiracy. This could show extenuation and mitigation.

Judge Pohl followed up on this by asking if you would have to show that the defendant knew about these very specific actions or just that he knew (more…)

Pre-Departure – Jeff Papa – Going to Ft. Meade for USS Cole Hearings

Going to Ft. Meade — USS Cole Case

I will be attending the Guantanamo Bay hearings that are being simultaneously broadcast from GTMO to at Ft. Meade, Maryland next Tuesday and Wednesday. I know very little about the details of these proceedings, other than many I learned from media reports and from good general information I learned from Andrew Northern in my National Security Law course.
Pre-Departure Briefing
Last Friday, we had the opportunity to participate in a Pre-Departure Mission before we set out for our respective sites, Guantanamo Bay for some, and for other like myself, Ft. Meade, Maryland.

We were fortunate to have as our primary Briefing Mr. Rick Kammen, who is an Indianapolis attorney, who is the death penalty counsel in the USS Cole case, which happens to be the case I will be monitorin.

Mr. Kammen described in a very compelling fashion over the course of a few hours the point of view of the defense team and many of the difficulties encountered. He also provided a great basis for critical thinking about the process, pro and con.

This opportunity was extremely valuable, and together with the very extensive briefing book prepared by Professor Edwards’ Program in International Human Rights Law (PIHRL), I believe I will have an outstanding basis from which to begin viewing and thinking about the proceedings next week.

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