al Nashiri

My First Two Days at Naval Station Guantanamo Bay

Touching Down at Naval Station Guantanamo Bay

Me in front of a US Naval Station Guantanamo Bay welcome sign

I traveled to Guantanamo Bay, Cuba to monitor pre-trial hearings in the U.S. Military Commission case against Abd al-Rahim al-Nashiri who is accused of planning the attack on the USS Cole off the coast of Yemen on 12 October 2000 that killed seventeen U.S. sailors and wounded dozens more. This New York Times article discusses the al-Nashiri case, including its victims, the prosecution and defense, and the Judge.

I explained in my previous blog posts all about my current mission to Guantanamo Bay, as a student at Indiana University McKinney School of Law (after being nominated by the school’s Military Commission Observation Project, which is part of the school’s Program in International Human Rights Law).

My plane from Joint Base Andrews (near Washington, DC) touched down at Guantanamo Bay at 1:20 p.m., Saturday, 23 July 2022, after 3 hours of flying over the ocean and Caribbean.

In this blog post, I talk about my arrival at Guantanamo, and my pre-arrival and post-arrival impressions of Guantanamo (it is not like I expected!). This post ends with my retiring to sleep in a frigid tent, anticipating Sunday morning breakfast at a Guantanamo military mess hall.

Touch down.

After an uneventful flight – on a comfortable charter plane where I watched episodes of The Office on the in-flight entertainment station – we deplaned on the extremely windy tarmac and queued outside a nondescript hangar-like building. Many of the buildings at NSGB are rectangular, one to two stories tall, beige or gray in color, with few windows and without any distinguishing features except for small signs indicating the building’s purpose.

Once inside, we showed our passports and U.S. government form 5512 to the people checking us in at a counter. They did not appear to be military, although three men in military uniforms were standing just inside the next door leading to the air terminal waiting area. I recall being slightly intimidated by their presence, not because they were acting threatening or holding large guns or doing anything out of the ordinary, but because I am not used to seeing members of the military anywhere except on television. That feeling of unease quickly wore off – members of the military are obviously all over the base at Guantanamo Bay, in uniform and not, and they are just regular people like the rest of us, going about their days, doing their jobs.

From the counter where they were checking documents, we were directed straight through the terminal waiting room, then back outside into the wind to two more busses waiting to pick us up. Our escort told us that our checked luggage would be following the busses, which were taking us to the ferry across Guantanamo Bay. We asked if it was always that windy and were told that it is around that area near the air terminal.

The Guantanamo Naval Station is on land around the body of water that is Guantanamo Bay, and the traditional way from the airstrip to the main part of the base is via ferry ride directly across the Bay.

The ferry

Once we arrived at the ferry dock on the Leeward Side, we all shuffled onto the ferry, with Tom, Yumna, our escort and I heading to the top deck.

We were reminded not to take pictures of “the golf ball” or the windmills. I had no idea what they meant by “the golf ball,” but figured I would know it when I saw it, since no one was taking pains to explain what that meant. I still do not really know what it is, but you can see it from multiple vantage points on base – it’s a tower on a hill with a large white dome at the top, which I assume (but do not know) is some type of radar or surveillance equipment. Throughout the trip, they basically reminded us not to take pictures of any infrastructure with antennas, fences, or construction sites, which is a very large percentage of the viewable landscape of the Naval Station.

What pictures we did get, although pretty, fail to capture how beautiful the Bay is with its crystal blue water, fossil covered cliffs, and desert style shrub grasses, cacti, and trees. It was not at all what I imagined (tropical island). It was closer to the landscape of Arizona or Southern California. The ferry ride was our first introduction to the beauty of Guantanamo Bay.

Upon docking at the other side of the Bay after an approximately twenty-minute ride, we boarded other buses that took us to a small building where we could get the ID badges we would need to enter the Expeditionary Legal Complex (ELC), which is where the Military Commissions are held.

We waited outside that building while the group in front of us finished up, then Tom, Yumna and I headed inside. This small building was our first exposure to the extreme air conditioning used in many buildings and tents at Guantanamo Bay; they keep it cold inside.

We also met more military guards and we noticed that many, if not a majority (based on my observations and one of my fellow traveler’s concurrences), of the military personnel at Guantanamo Bay are young, in their late teens and early twenties.

After showing our passports, the guards made our badges and handed them to us on lanyards. They told us not to photograph the badges, which we must return before we leave back for Washington, DC.

Then at about 4:00 PM, we finally headed to the tents that were scheduled to be our homes for the next week.

Tents and Dinner

The tents where we were assigned to live for the week are structured canvas / plastic supported by steel rods forming a half moon shape, about 25 feet long by 15 feet wide (rough approximation). Tom and I share a tent that has four cubicle rooms separated by wooden dividers, with a hallway in the middle and two rooms on each side of the hallway. Each room has a doorway with a thick curtain for privacy.

Each tent has a dedicated air conditioning unit to keep it cold – purportedly to prevent bugs and critters (for example banana rats and iguanas) from entering.

The tents have windows that we are planning to keep closed to keep in the cold air. The canvas is made of a thick material that blocks out sunlight. A switch on the electrical box just inside the front door of the tent controls the lantern lights strung up throughout the tent; one switch controls all the lights. It’s too dark to see inside without the lights, so Tom and I have to coordinate our sleeping schedules, so we do not keep each other awake. Alternatively, you can turn out the lights and work by flashlight in the tent.

Camp Justice has approximately 10 tents like these. This week, Tom, Yumna and I are the only ones staying in tents.

Each of the 4 rooms in each tent has a twin size bed, a dresser, small table, and outlets at the end of an extension cord connected to the lights. The outlets still work even if the lights are out, so there is no issue charging phones and laptops overnight. The extension cord has three, 3- pronged outlets.

A plastic bag in each room contained sheets for the bed and a blanket and pillowcases. Our tent did not have pillows, so Tom went to another tent and secured pillows for each of us. Yumna was assigned to an identical tent next to ours.

Across the road from the tents are three shipping containers: one contains a laundry room that is nicer than any laundromat I have ever been in; the middle container has six separate doors on the outside, each leading to a stall bathroom with toilet, urinal, and sink with mirror; the third also contains six separate doors leading to individual stalls each containing a shower, sink with mirror, and small bench.

The living conditions are much more comfortable than I had anticipated.

The showers and bathrooms are clean enough for my personal taste (although other observers have different opinions), and the beds are perfectly suitable for a good night’s sleep after long days exploring the island and witnessing sometimes emotional, and always legally complex, court hearings.

Dinner and Exploring the Island

On our first day, our escort picked us up at the tents at 5:00 PM to take us to dinner.

She explained some of the dining options: the bowling alley has two restaurants, Spinz and Bombers; The Windjammer Club has two restaurants, O’Kelly’s Irish Pub and The Windjammer; a restaurant called The Bayview; a McDonald’s; a Subway; and The Galley.

We went to the bowling alley, and could choose between Spinz and Bombers, as they are set up food court style and have different kitchens and two different menus (unlike O’Kelly’s and The Windjammer, which are dining room style restaurants that have the same food menu / kitchen).

At Spinz, I got a vegetarian wrap and a bottle of water. The tap water on base is not potable. Together my meal cost approximately $5.00.

At that point in the evening, around 5:30 PM, my mind was fried, and I was exhausted. A sense of unreality pervaded my mind, like I was finding myself in an episode of the Twilight Zone. I knew before going to Guantanamo Bay that there was a bowling alley and restaurants like McDonalds, but I did not expect it to be a 100% “Americanized” existence. I do not know why I did not expect that; it is a US Military Base.

But I had expected Cuban influence, and there is not a readily apparent Cuban influence on Base at Guantanamo Bay. We did hear about the Cuban Community Center that is near the Northeast Gate, and although we requested to visit several times throughout the week, we were not able to due to scheduling conflicts.

I had expected the existence of the prisoners and prison to be the center of focus and attention of everyone on base, but they are not even close to the center of attention.

Guantanamo looks like a typical small town or suburb in Indiana, with the exception that there are people in uniform here, with nondescript featureless buildings, and military vehicles all around. Experiencing suburban American life in a place that housed a former CIA black site where people were repeatedly tortured over a series of weeks to months in the early 2000’s, and where people are still held without charges. Of the 36 men at Guantanamo, 20 are being held without charges, but have been “recommended for transfer with security arrangements to another country.” The juxtaposition of being in the American suburbs, thinking before I left that I would be in a heavily Cuban influenced community focused on the detention center, creates a strong feeling of cognitive dissonance. That feeling would grow over my next few days.

After dinner, our escort gave us a tour around some of her favorite spots around the Base. We went to the Marina and Girl Scout Beach and got some beautiful pictures of the water and geography. We traveled to a road, surprisingly not far from residential areas of base, and pulled off to the side at a point where we could look down on Camp X-Ray, the first detention facility set up at Guantanamo Bay to house prisoners following the 9/11 attacks. We were told that we could not take pictures of Camp X-Ray, although some pictures exist on the internet. The link to the pictures also has a brief history of Camp X-Ray.

It was important to me personally to see Camp X-Ray. I had read about it. I had heard about it. Seeing it exist in person is a different experience. Any veil that was left over my eyes, coloring my perception of what the prisoners’ experiences were like here, neutralizing it, sanitizing it, was lifted. I have stood a stone’s throw from a site where men were tortured. I cynically wondered about the existence of black sites at Guantanamo Bay that may be kept hidden in the hills. Subsequently, through references in Court testimony and research online, I learned about the existence of a site called Camp Echo II at Guantanamo Bay, where Mr. Nashiri was held and tortured. This all happened during my lifetime, endorsed by the government that my tax dollars support; supported by the military/intelligence industrial complex that shows “Be All That You Can Be” advertisements on my television and on our city buses, that sets up recruiting tables in high school cafeterias; justified by politicians and military officers that still sit in positions of power. The use of evidence derived from “Enhanced Interrogation Techniques” is still being litigated in Court, including being litigated in military commissions at Guantanamo.

I would later speak to a police officer and member of the military at Guantanamo Bay (but not Military Police). This individual was 20 years old. He was born after the events of September 11, 2001. He told us that when he learned of his assignment to Guantanamo Bay, he wondered why that location sounded familiar. He is part of a generation of people who grew up without hearing Guantanamo Bay mentioned frequently on the network news.

The Rest of the Night

We got back to our tents at around 8:00 PM, with a plan to be picked up by our escort the next morning, Sunday the 23^rd, at 8:00 for breakfast.

I talked with Tom about his experiences as a Family Court judge in Ohio, his PhD in Judicial Studies, his dissertation, and his expectations for the upcoming week of court hearings. We then retired to our separate rooms, and I went to sleep at approximately 10:00 PM.

Sunday 24 July 2022

The next morning, I showered at approximately 6:30 AM. I let the water in the shower run until the rust was cleared from the pipes and the water ran clear. Shower shoes or flipflops are highly suggested in the showers, but they are generally clean facilities.

Our escort picked us up at 8:00 AM and took us to The Galley, where you can purchase an “all you can eat” breakfast for $3.85. There are a variety of options at The Galley for both vegetarians and meat eaters alike; I opted for garlic rice, hash browns, fresh cantaloupe and pineapple, waffles, and coffee. There is also a variety of cereals and pastries.

By the way, at the Gally you must pay in cash. They do not take cards. There is an ATM at the NEX (Navy Exchange), which is an all-purpose grocery and small department store.

We spent the rest of the day touring the island with our escort.

We went to a monument commemorating Christopher Columbus’ second landing in the Americas, the Lighthouse Museum, and “Windmill Hill,” which overlooks a large portion of the Base. Windmill Hill, colloquially so-called due to the four windmills perched across the crest, has the only view of the current detention facility that we would be able to see on this trip. It is miles away from the rest of the base, secluded, and mostly surrounded by hills and water. Looking in the other direction from the crest of the hill is a view of the rest of Base. We were told that we could not take pictures from the top of Windmill Hill.

Me imitating a cactus at Guantanamo Bay – the Base was full of cacti and desert flora

The Lighthouse Museum is a small four room structure sitting at the base of a lighthouse built in the early 1900’s as the only means of navigating the Bay at night before modern technology made the lighthouse obsolete. Now the lighthouse stands as a monument to a bygone era of seafaring and serves as a popular photography spot on Guantanamo Bay. Unfortunately, we were told that people are no longer (or at least not currently) allowed up in the lighthouse “due to safety concerns”.

The museum itself is stuffed full of pictures, maps, typed information, and artifacts outlining the history of the US presence in Cuba and specifically at Guantanamo. We probably spent more than an hour wandering the little museum.

We spent from 12:00 PM – 3:00 PM back at the tents resting and writing.

At 3:15 PM, Yumna and I drove with the escort to the library in town. The library looks like a typical branch library found in the United States, with rows of books, a children’s corner, a “free books” cart (from which anyone can take books without paying), and chairs and tables for reading.

We sat at the Library tables until 6:15 PM writing and talking about our experiences so far.

At 6:30 PM, we picked up Tom from the tents and went to dinner at the Windjammer Café, where I got a “non-meat” burger and sweet potato fries. I don’t know what the “non-meat” was, but it tasted good.

We retired to the tents for the night at approximately 8:30 PM, with an agreement to meet at 7:00 AM the next morning, Monday, to get breakfast at The Galley and be at the Expeditionary Legal Complex by 8:30 AM to get checked in for our first day of Court Hearings.

Timothy Morgan

J.D. Candidate 2025

NGO Observer, Military Commission Observation Project (MCOP)

Program in International Human Rights Law (PIHRL)

Indiana University McKinney School of Law

Checking in at Joint Base Andrews for my Flight to Guantanamo Bay, Cuba

Introduction

As I mentioned in my first two blog posts I am headed on a mission to Guantanamo Bay, Cuba, to monitor U.S. Military Commission hearings in the case against Mr. Abd al-Rahim al-Nashiri, who is accused of being the mastermind behind the attack on the USS Cole off the coast of Yemen on 12 October 2000 that killed seventeen U.S. sailors and wounded dozens more. I am a student at Indiana University McKinney School of Law, and the previous posts describe the law school’s Guantanamo project, founded by Professor George Edwards, that nominated me for travel.

My last blog post described my travel from Indiana to the Washington, DC area yesterday, and arriving at the hotel last night across the street from Joint Base Andrews, where the flight departs for Guantanamo.

This blog picks up at Joint Base Andrews and describes the flight to Guantanamo. My next post discusses my arrival at Naval Station Guantanamo Bay and my first night there.

Joint Base Andrews

After arriving in the Washington, DC area yesterday afternoon (Friday, 22 July 2022), I slept at the Quality Inn across the street from the Joint Base Andrews Visitor Control Center and got up at 5:30 AM on the morning of 23^rd July 2022 to walk over to the Visitor’s Center.

At 6:00 AM on the morning of 23^rd July, I checked out of the Quality Inn and took the 7-minute walk to the Visitor’s Center.

Ms. Yumna Rizvi was already waiting outside the Visitor’s Center. We introduced ourselves and I learned that she works for The Center for Victims of Torture, and that she would be traveling to Guantanamo as an “observer” or “monitor” – in the same role as my mission. This is her first time to Guantanamo Bay (and mine as well). She had just gotten off the phone with our assigned Office of Military Commission (OMC) escort and told me that our escort was on her way to the Visitor’s Center to pick us up.

I had learned that throughout our mission to Guantanamo, at Guantanamo, and on the return flight from Guantanamo, we would be in the company of assigned “OMC escorts”. I will talk more about escorts in future blogs.

When our escort arrived, we learned that a third observer was driving himself on to base and would meet us at the Andrews airfield, and a fourth scheduled observer had cancelled their trip and would not be joining us.

Yumna and I boarded the escort’s van, and drove through our first checkpoint – the Main Gate to enter Andrews. We showed ID, and we carried on to the air terminal.

We met Tom, the third observer, in the parking lot at the air terminal and we all walked into a smallish nondescript building that turned out to be the air terminal. Most buildings that I saw on base at Andrews and at Naval Station Guantanamo Bay were rectangular, covered in beige or grey toned siding of (possibly) corrugated steel, and did not have features that would help distinguish one building from the next except for the presence of small signs labeling certain buildings.

Immediately upon entering and turning a corner we were stopped by a simple security checkpoint with a conveyor belt and x-ray machine for our luggage, and a walk-through metal detector. Immediately after the security checkpoint we walked up to a long counter in the same room, similar to the airline counters located in civilian airports, where military officials checked our passports, proof of negative Covid PCR test, Invitational Travel Orders (ITO), the Aircraft and Personnel Automated Clearance System (APACS) and the SECNAV form 5512-1. We were all checked in by approximately 7:15 AM and were shown to a small room off of the main room. The smaller room – which appeared to be like a private airport lounge — had couches and chairs, a television and DVD collection.

Yumna and I talked about our mutual interest in human rights, and Tom (who has been to Guantanamo Bay as an observer several times) told us about what to expect regarding food and housing (which I’ll write more about below).

NGOs / Monitors / Observers

Now is a good time to mention that the three of us “monitors” or “observers” are referred to by Guantanamo officials as “non-governmental organizations” or “NGOs”.

Each of the three of us represents a different, specific NGO. In my case, the NGO is the Program in International Human Rights Law (“PIHRL” pronounced “Pearl”) of Indiana University McKinney School of Law, and the PIHRL nominated me for this mission. The PIHRL created the “Military Commission Observation Project”, as the entity that would send observers to Guantanamo Bay (or a remote observation site at Fort Meade, Maryland) and compile the record of the observer experiences on the blog on the Gitmo Observer website. The MCOP also updates the Fair Trial and Know Before You Go manuals. You can learn more about MCOP on the Gitmo Observer website.

Though the term “NGO” refers to the group, Guantanamo officials frequently refer to the individual NGO representatives as NGOs. So, Guantanamo officials might say that the three of us individuals are NGOs, even though the term “NGO” refers to the specific non-governmental organization, and the individuals are representatives of the different NGOs.

Passing Time in the Terminal

As we (the NGOs) waited for our plane, we learned that Victims and Family Members (VFMs) would be traveling down to Guantanamo with us, along with Military Judge Lanny Acosta, the Prosecution team, the Defense team, media members (from the New York Times, Serial Podcast, and LawDragon), and linguists – interpreters and translators, intelligence officials, security officials, court reporters, and others. The three NGOs were requested to move from the small lounge to the larger main waiting area to give, we were told by air terminal personnel, the VFMs some privacy and comfort in that room.

VFMs are individuals that the Office of Military Commissions have identified as victims of the crimes that are charged, or family members of victims of the crimes that are charged. I was told that the group of VFMs traveling on this trip include both groups: individuals who were on the U.S.S. Cole when it was bombed and were injured (Victims); and family of people who were on the U.S.S. Cole when it was bombed and were injured or killed (Family Members).

In the main waiting room

While waiting by the windows in the main waiting room, the NGO escort handed each of the 3 NGOs a small briefing packet that provide a brief rundown of what is and is not allowed, mostly regarding photographs, upon approach to, landing in, and exploring around Naval Station Guantanamo Bay. It also reiterated ground rules that had been sent to observers in previous emails from the Pentagon, regarding watching out for the safety of iguanas (don’t run them over), prohibitions on drinking and driving, avoiding catching rides with strangers, requirements to wear seatbelts, and obeying traffic laws and speed limits.

We also learned that Vice President Kamala Harris was at the Andrews terminal about to board Air Force 2. We could see the plane outside the terminal window on the tarmac, but one of the escorts and military personnel at the air terminal instructed us not to take photographs.

At about 9:00 AM, a motorcade of police vehicles and black SUVs pulled up around Air Force 2, and I caught a brief glimpse of the Vice President walking up the stairs of Air Force 2, turning and waving toward the terminal, and boarding the plane. Tom, as well as other travelers standing around the windows in the terminal, told us that, in the past, travelers were allowed to stand outside and take pictures of Air Force 2 and wave to the Vice President and the President boarding Air Force One. But not on this day. This is one example of how policies may change from one trip to the next.

Meeting the Chief Defense Counsel

Tom and Yumna and I passed the time by people watching, with Tom identifying members of the Prosecution and Defense that he recognized from previous trips, as well as Dr. Sondra Crosby, whom Tom suggested may be testifying this coming week as a witness for the defense.

As we were sitting on the floor in the terminal next to the window looking out on the tarmac, a man in a black shirt with a Naval Station Guantanamo Bay patch came over, introduced himself as “JJ,” correctly identified us as “NGOs,” and asked us how and why we ended up there that day on our way to Guantanamo.

We each took turns telling him about our different programs and roles, and our personal interests in watching the proceedings of the Commission. Then we asked him about himself; it turns our that he is Brigadier General Jackie Thompson, Jr., who took over as Chief Defense Counsel, Office of Military Commissions (OMC) in January 2022.

We were taken aback that a person of such high rank and essential role in the proceedings at OMC Guantanamo Bay would introduce himself so casually, take an interest in our roles as NGOs, and literally sit on the floor and chat with us about the Commission and his role. But that is exactly what he did.

Brigadier General Thompson spoke to us for fifteen to twenty minutes, answering our questions about his role (which he stated is more administrative than anything, helping the defense teams get access to the materials and resources they’ve requested), and his personal feelings about participating in the Military Commission at Guantanamo Bay, a place that he described in a way that brought the words “notorious” and “infamous,” to my mind, although I do not recall if he used those exact words. He shared with us that (and I’m paraphrasing from memory here) he was on the verge of taking a new role in a different capacity, after serving as Chief of the U.S. Army Trial Defense Service. He had previously expressed interest in the role as Chief Defense Counsel, Guantanamo Bay Military Commission and submitted his name for consideration but thought that after so much time had passed (I don’t remember how much time had passed), they had decided on taking a different route. He put in for a change in position to a new role, and his commanding officer said, “Hold on a minute, they want you out at Guantanamo Bay.” He was nominated by President Biden and confirmed by the Senate and has been in the role since the beginning of the year.

Brigadier General Thompson came off as sincere and sympathetic to the experience of the prisoners that had been transferred through black sites and held at Guantanamo Bay. He stated that the United States moved the prisoners to Guantanamo Bay and resorted to “Enhanced Interrogation Techniques” because we were scared, and, as I understood him, we have been dealing with the international fallout in our reputation stemming from those decisions ever since.

Brigadier General Thompson mentioned several books that he read in preparation for his assignment to Guantanamo Bay. Here are two that I recall him mentioning:

The Terror Courts: Rough Justice at Guantanamo Bay, by Jess Bravin
Don’t Forget Us Here: Lost and Found at Guantanamo Bay, by Mansoor Adayfi, a former prisoner at Guantanamo Bay.

Brigadier General Thompson was approachable and kind to the three of us, and genuinely listened when we talked about our interests in human rights at Guantanamo Bay.

Before I went on this mission, I had developed the impression that prisoners held at Guantanamo could not receive a fair trial, because, for example, the U.S. government had extracted information from prisoners at black sites using torture such as waterboarding, and then the government was using that information in the criminal cases against the prisoners. I did not think it was fair, or legal, to use information derived from torture in criminal cases against defendants.

However, I came away from that brief conversation with Brig. Gen. Thompson impressed by him as a person, and with an inkling of a notion that maybe Guantanamo prisoners are involved in a more balanced process than I had anticipated. I was determined to keep an open mind moving forward.

The Flight to Guantanamo

At approximately 10:00 AM, military personnel called the room to attention and began directing everyone to line up at the door of the terminal that leads to the tarmac (where Air Force 2 had just left) with their boarding passes in hand.

We were instructed not to photograph the boarding pass, which was a blue and red laminated card about the length of a standard bookmark, with information on our flight and destination handwritten in marker on fillable spaces on the front.

NGOs and the media were told to be first in line, in front of all the passengers.

We filed out, handing the boarding pass over on the way to the door, and boarded a bus.

Two busses total took everyone from the Judge, Brigadier General Thompson, Prosecution Team, Defense Team, NGOs, Media, VFMs, and interpreters, security, intelligence, etc. on a short trip down the air strip to a waiting Omni Airlines charter plane.

NGOs and Media were instructed to file on to the plane first, as we were assigned the last five rows.

It was a large plane – a widebody with two aisles, in a 2 – 3 – 2 configuration.

The plane had enough room for each passenger to have a row (two seats on the window sides of the plane, three seats in the middle row) to themselves.

Each seat had a TV screen in the back of the seat in front, where during the flight one could choose to watch from a selection of movies or TV shows. I halfheartedly watched a couple episodes of “The Office” and spent the remaining time reading a book I brought along, watching the map feature on the TV screen showing where we were in our flight path, and trying to sleep.

About an hour into the flight, the flight attendants served beverages and a meal. I asked for a vegetarian meal, which turned out to be tortellini, broccoli, a bread roll, and a cookie. I was starving by that time, having only had an apple and a cereal bar for breakfast at 5:45 AM that morning, so I ate all the food I was served on the plane.

The flight was staffed by a civilian crew that went through the same safety protocol routine that you would receive on any airline flying in the United States. The total flight time was 3 hours, and we landed at Guantanamo Bay right on schedule at approximately 1:20 PM.

My next blog will cover my first day and a half at Naval Station Guantanamo Bay.

Timothy Morgan

J.D. Candidate 2025

NGO Observer, Military Commission Observation Project (MCOP)

Program in International Human Rights Law (PIHRL)

Indiana University McKinney School of Law

Final Preparations for Departure to Guantanamo Bay, Cuba

Introduction

I am scheduled to travel to Guantanamo Bay, Cuba as a nominee of the Military Commission Observation Project (MCOP), which is part of Indiana University McKinney School of Law’s Program in International Human Rights Law. (Read more about the MCOP here).

I am a student at IU McKinney Law, and I am eligible to be nominated for Guantanamo travel, as are all IU McKinney students, faculty, staff, and alumni of Indiana University McKinney School of Law (IU McKinney) – because the Pentagon granted special “Observer” status to this IU McKinney Program.

Here you can read more about me, IU McKinney Professor George Edwards who founded this Guantanamo project, how I came to be involved in the Guantanamo project, the selection / nomination process, all the paper I had to fill out to participate, and the hearings I am scheduled to monitor at Guantanamo the week of 23 – 30 July 2022 (against Mr. al Nashiri, who allegedly plotted the 2000 bombing of the USS Cole off the coast of Yemen).

Meeting with the Director and Acting Deputy Director

On 28 June 2022, Professor Edwards and MCOP Acting Deputy Director Professor Charles Dunlap held a zoom meeting with me and several other people scheduled to travel to Guantanamo Bay in the month of August. During that meeting, the Directors stressed the importance of complying with requirements of the “Guantanamo Agreement Checklist” that was provided to me and the other travelers by Professor Edwards. The Checklist requires filling out paperwork on time, communicating with the Directors in a timely manner, responding to emails, informing the Indiana University Office of International Affairs of our travel plans, getting health insurance for foreign travel, immediately informing the Directors of any correspondence coming from the Pentagon, and many other requirements.

My first blog post

MCOP travelers to Guantanamo post about their experiences on a blog on this website: Gitmo Observer – www.GitmoObserver.com. We post about the selection and nomination process, preparing for travel to Guantanamo Bay, experiences during the hearings, and impressions after returning to the United States.

Professor Edwards asked me to share my initial draft blog post with his edits and comments with the August travelers via email so that they could have an idea of what an informative first post could look like. After the meeting, I sent the blog post with the edits to the other travelers.

On 30^th June 2022, I received an invite from WordPress to post to the blog on GitomoObserver.com. The next day, 1^st July, I posted to the blog for the first time.

Booking my flight from Indiana to DC

The first round of paperwork I received from the Pentagon informed that travelers to Guantanamo Bay will leave from Joint Base Andrews near Washington, DC.

I began tracking flights from Indianapolis International Airport to Reagan National Airport in Washington, DC the first week of July in preparation for leaving the last week of 23-30 July 2022. On 5^th July, I sent a prospective flight itinerary to the Project Director, Professor Edwards, which is required according to the Guantanamo Agreement Checklist. That same day, Professor Edwards approved the prospective itinerary, and I purchased the flight, round trip. I planned my flights to arrive in Washington, DC early on 22^nd July, the day before my scheduled departure from Joint Base Andrews on 23^rd July, and to return to Indianapolis from DC on 31^st July, the day after returning to DC from Guantanamo Bay. I inquired to Professors Edwards and Dunlap regarding a potential scholarship to help cover the costs of flights and travel to and from Washington, DC, as that expense had in the past been the responsibility of the individual observers. I was informed that the parameters of the scholarship are still in development, and that I would be informed of the scholarship’s availability when that information is available.

Forms for the Indiana University Office of International Affairs

Having confirmed my flight itinerary to Washington, DC and back to Indianapolis, I uploaded a PDF screen shot of the itinerary including times, airline (American Airlines in my case), and flight numbers to the iAbroad system. iAbroad is the system that the Indiana University Office of International Affairs uses to send and compile necessary paperwork and forms required for students to travel internationally. By that time, I had already completed an initial set of forms that I had submitted through iAbroad, which were sent to me in the days immediately following the day I informed the Office of International Affairs that I would be participating in the MCOP at Guantanamo Bay.

After the first set of forms is complete, iAbroad sends a second set of forms. The flight itinerary was the last requirement in the second set of documents iAbroad requires. However, I waited to submit that last section of the documents because I did not yet have confirmation of the flights from Joint Base Andrews to Guantanamo Bay and back. I did not want to submit the section with incomplete information, but when I checked iAbroad the following week (11 July), my forms were all submitted and the itinerary section was no longer available to edit. This concerned me, as I hadn’t included information about the flights to and from Guantanamo Bay.

On 14^th July, I drove to Indiana University-Purdue University Indianapolis (IUPUI) campus, which is where IU McKinney is located, for two reasons; to pick up a physical copy of the GeoBlue Insurance Card that I was informed the first week of July would be waiting for me at the Study Abroad Office, and to talk to someone at the Study Abroad Office or the Office of International Affairs about my problems uploading Guantanamo flight information to iAbroad. I received my copy of the GeoBlue Insurance (it isn’t necessary to have the physical card but given the option I felt safer having it with me) and met with Ms. Stephanie Leslie from the Office of International Affairs. She confirmed that my Washington, DC flight information had been properly uploaded and asked me to email her the information that I currently had about the Guantanamo Bay flights. I emailed her the flight estimates that were included in the first email from the Pentagon back in May and told her that I would keep her updated with future information as it comes my way. Ms. Leslie said that would be fine. She asked if I was ready and prepared with everything else, and I told her that I was except for the requirement to have a PCR covid test within 72 hours of arrival at Joint Base Andrews. She suggested I ask the University if they were still conducting covid tests. More on trying to get a PCR Covid test below.

Correspondence with Previous Travelers

On Wednesday 23rd July I went to the IU McKinney School of Law to meet with Ms. Madison Sanneman, who works for the Law School and recently traveled to Guantanamo (read her blog posts here). I have had an email correspondence going with Madison since early June; she has been an amazingly helpful resource in my preparations for Guantanamo. I met with her that Wednesday to go over some last-minute questions I had about the facilities at Guantanamo, proper clothes to bring, anything I may be overlooking, what to pack, what the court proceedings were like, what the food was like, and her overall impressions of the trip. Again, Madison provided me with wonderful information that sincerely helped relieve some of the stress and anxiety I was feeling about the trip.

During June and July 2022, I also had an ongoing text correspondence with Mr. Collier O’Connor (read his blog posts here). I had initially reached out to Collier to thank him for his detailed posts on the Gitmo Observer blog, and followed up with several questions as the weeks went on. He always replied to me in a timely fashion and with helpful information.

It is a requirement of the Guantanamo Agreement Checklist to contact previous travelers. Aside from that requirement, I would highly suggest that it is essential to correspond with and meet in person if possible previous travelers in order to have a smooth and complete preparation for travel to Guantanamo Bay.

Getting a Covid PCR Test

The Pentagon requires a negative PCR covid test to be presented at Joint Base Andrews before boarding the plane to Guantanamo Bay. The test must have been administered within 72 hours of boarding the plane. On Wednesday the 20^thJuly, I received the final instructions from the Pentagon including flight details stating that we would be departing Joint Base Andrews bound for Guantanamo Bay at approximately 10:20 AM Saturday 23^rd July and as the Covid test results needed to be printed and brought with, I would need the results well before that time.

Although Indiana University had been administering covid-19 tests to students for free during the pandemic, it turns out that Indiana University was (and is) no longer administering Covid tests to students. I do not know when they stopped, or why. However, I had to look outside school to find a testing facility. I scheduled to take a test at CVS Pharmacy in Indianapolis (the Beech Grove location) which said on its website that PCR test results are typically returned within 1-2 days of testing.

I was very worried about taking a Covid test and then having the Guantanamo flight leave later than I was anticipating, so I made the decision to get tested closer to my date of departure to be sure that my test would be within 72 hours of boarding the plane. That was a mistake. I got my Covid test at CVS Pharmacy on Thursday 21^st July at 11:50 AM, approximately 46 hours before I was scheduled to board the plane bound for Guantanamo Bay at Joint Base Andrews, Saturday 23^rd July at 10:00 AM.

However, the test at CVS was self-administered and they do not send the tests straight to the lab – I was instructed to place the test in a drop box on the side of the CVS building to be picked up at a later point in time. The pharmacy tech at the window told me that test results are typically returned within 2-4 days. That made me very anxious, as that time frame would mean there was a strong possibility that I would not get my covid test results back until I was already scheduled to be on a plane to Guantanamo.

I scrambled to try and get another PCR covid test that would get me results at a quicker time. I tried Methodist Hospital, but they, and all IU medical facilities, would not administer a Covid PCR test for travel without an order from a doctor. I called my doctor’s office, but they would not end up getting back to me until Friday July 22^nd (with the very unhelpful information that the doctor would not provide an order for a PCR test for travel purposes). I found a private lab facility, GenePace, that would administer a PCR test and guarantee the results by 6:00 PM the next day (which would be Friday the 22^nd, giving me enough time to get the results printed to take to Joint Base Andrews on Saturday the 23^rd). The test cost $119.00 and I had to drive to Carmel to get it. It was not a pleasant experience. Now that Federal funds for Covid testing seemed to have dried up, it is apparently difficult to get a PCR test with quick results for travel without paying for them or waiting on a pharmacy like CVS or Walgreens.

In hindsight, I should have asked previous travelers when the best time to get tested was, or I should have voiced my concerns to Professor Edwards or Professor Dunlap about a possible delay in the flight schedule from Joint Base Andrews and what that would mean for the 72 hour testing window. Future travelers should ask questions of the Directors or previous travelers if they have concerns.

For the record, my $119 GenePace test was emailed to me with a timestamp at 5:05 PM on Friday 22^nd July, and my free CVS test (they may charge $25 to my insurance company, but I am not sure yet) in an e-mail time-stamped 9:19 PM on Friday 22^nd July.

Packing and Building my Binder

After running around trying to get Covid tested for a large part of my Thursday, I started to pack my bags. I received a phone call the afternoon of Thursday the 21^st July from a Pentagon official. She said it was her job that day to contact travelers bound for Guantanamo on our flight 2 days later to make sure they have everything in order. She also provided me with contact information for the person that would pick me up from the Visitor Center at Joint Base Andrews when I arrived at 6:00 a.m. Saturday. I confirmed that I had all of the documents that I needed except for the pending Covid test result. I thanked her for the information.

I added my printed documents to the binder I put together for the checklist and Fair Trial Manualand Know before you Go manual. I made sure my passport and covid vaccine card were tucked away safely in my backpack. I packed and unpacked and repacked my clothes several times. I booked a hotel room at the Quality Inn across the street from Joint Base Andrews. At about 11:00 PM I set my alarm for 3:30 AM and went to sleep.

A Day in Washington, DC

A screenshot of the SmarTrip App I used to easily ride the Metro in DC

My wife gave me a ride to Indianapolis International Airport early in the morning on Friday 22^nd July; I arrived at approximately 4:05 AM for my American Airlines flight scheduled to leave at 6:22 a.m. I passed through security, and reached my gate by approximately 4:35 AM, even with TSA pulling me to the side, making me go through the body scanner, and patting me down. I boarded the plane for DC at 5:55 AM, and we took off on schedule at 6:22 AM, arriving in DC at 8:00 AM. We had to wait for an open gate until about 8:15 AM.

I downloaded the DC Metro SmarTrip card to my Apple Wallet and loaded it with $10.00. My iPhone actually prompted me to do this when I stepped off the plane and turned off airplane mode on my phone. I did not know if downloading that app was a useful or appropriate thing to do, so I simply googled if I could use SmarTrip on Apple Wallet to use the Metro, and the answer was definitively “yes.” With the app downloaded, you can just load money directly from a checking account and tap your phone on the pad to open the fare gates to get to the train platforms.

Google Maps told me which lines to take. I posted on this blog a map of the lines.

The D.C. Metro is very simple to use, and there are plenty of people around and security guards and signage to point you in the right direction if you get confused. I took the Metro to L’Enfant Plaza, which is near the center of DC where all of the Metro lines intersect, then walked 7 minutes to a location I had booked to hold my luggage for a small fee for the day. I booked it through Vertoe.com, and it cost a little over $7.00 to have my bag securely held while I explored DC for the day.

A map of the DC Metro. I took the Green Line to the last stop, Branch Ave., before calling a Lyft to take me the rest of the way to the hotel.

After dropping off my bag at approximately 9:45 AM, I walked around the outside of the Capitol Building and the Supreme Court, and through the US Botanical Gardens and the National Gallery of Art Sculpture Garden and explored inside the National Museum of Natural History. The Gardens and the Museum are free to enter and are located near the National Mall.

I also wandered around adjoining neighborhoods talking to my wife on the phone and searching out food. I ate at a delicious hole in the wall called Burrito Brothers at around 12:00 PM. I spent the remainder of my afternoon walking around the National Mall, visiting the Washington Monument, World War II Memorial, Lincoln Memorial, and Reflecting Pool.

Around 3:30 PM I took the Metro from the Smithsonian station to L’Enfant Plaza, then walked back to the location where my luggage was being held and picked up my bag. I then walked back to L’Enfant Plaza and took the train to the farthest south station, the Branch Ave. Station. From there I ordered a Lyft to take me the rest of the way to my hotel, which is directly across the street from the Joint Base Andrews Visitor Center. It was about a 10 -minute Lyft ride and cost $22.79, including tip. I checked into the hotel at approximately 4:00 PM.

A Short Stay at the Hotel

I received my PCR covid test back in an e-mail from GenePace time-stamped 5:05 PM. My Covid test results came back negative. I asked the hotel front desk clerk to please print three copies of the results for me, and she did. After that I walked to a Hispanic Grocery store called La Colonia and bought some food for dinner that night and breakfast the next morning. I got plenty to eat for just over $9.00.

I chose to stay at the Quality Inn across the street from the base because I did not want to have to deal with the stress of relying on a taxi/Uber/Lyft early in the morning and risk being late to meet the escort. The room cost $118. The website says breakfast is complimentary, but the dining room has been closed since Covid. The room was nice and clean with a desk and free Wi-Fi. The reviews on Google for the Quality Inn are not great, but I have no complaints. The front desk staff was very courteous and helpful.

Getting to Joint Base Andrews in the morning

Tomorrow, I will plan to walk over to Joint Base Andrews to arrive at the visitors center by 6:30 AM to be picked up by my escort. Google maps shows that it will only be a 7 minute walk from the front desk of the Quality Inn where I’m staying to the front door of the Visitors Center.

My next blog post will cover checking in at Joint Base Andrews, the flight to Guantanamo, and my first day at Guantanamo Bay.

Timothy Morgan

J.D. Candidate 2025

NGO Observer, Military Commission Observation Project (MCOP)

Program in International Human Rights Law (PIHRL)

Indiana University McKinney School of Law

Gearing Up For Gitmo

Luke near a Tsunami Hazard Site in American Samoa, while on a 2014 summer human rights internship.

My name is Luke Purdy, and I am an almost-graduated 3L law student from Indiana University Robert H. McKinney School of Law. I am scheduled to fly to Guantanamo Bay, Cuba on 29 August to observe the Military Commission’s proceedings against Khalid Sheikh Mohammed, which have been ongoing since 2003. I have also been scheduled to attend previous hearings at Guantanamo Bay, but these hearings (one of which was for Al-nashiri, accused of the 2000 bombing of the USS Cole) were cancelled at the last minute.

Background

I first heard about IU McKinney’s Gitmo Observer program while I was interning in Melbourne, Australia for the law school’s Program in International Human Rights Law. During that time I worked on the defense of an alleged Serbian war criminal. This experience elevated my interest in the world of military law, specifically when it impacted the rights of criminal defendants. Soon after returning from my internship in Australia, I dove into more classes relating to international human rights. In one class, International Criminal Law, I was able to contribute to a Fair Trial Manual being drafted by the Program in International Human Rights Law for use by observers at Military Commission proceedings like the one I am scheduled to attend at the end of this month. As many prior observers have done, I will be bringing copies of these manuals for observers to use during the upcoming trial against Khalid Sheikh Mohammad.

Photograph of Khalid Shaikh Mohammad, the accused war criminal whose hearings I am scheduled to attend.

The Charges

The defendant in this trial, Khalid Sheik Mohammad, is accused of participating in numerous terrorists plots against the United States, including the 9/11 attacks on the World Trade Center. Khalid confessed to many of these crimes. However, some have criticized the procedures used on Khalid to elicit these confessions, which included waterboarding. Ultimately, if convicted of war crimes, Khalid Sheik Mohammad could face the death penalty.

My Role

In line with the goals the Military Commission Observation Project, my task as an MCOP representative is to attend, observe, analyze, critique, and report on the Military Commissions. Specifically, I am interested in learning about the defense team’s access to discovery materials, and whether rules of confidentiality interfere with the defense’s ability to defend their client fairly. I would also like to see how classified information is used (if at all) by the prosecution, and get a sense of how “reasonable” the speed of the trial is, and whether proceedings are being carried out without undue delay.

(Luke Purdy, Indianapolis, 10 August 2015)

Going to Guantanamo – Overnight at Andrews Air Force Base

Outside Andrew Air Force Base from my hotel.

I flew from Indianapolis to Washington DC to a beautiful 30 degrees. My hotel for the night is just across the street from Andrews Air force Base, where I’m to report at 6:45 a.m. tomorrow for my flight to Guantanamo Bay, Cuba to monitor the case against al Nashiri, who is charged with being a mastermind of the suicide bombing of the USS Cole in Yemen that killed 17 US sailors in 2000.

On this trip, I will be joined by ten other Non-Governmental Organization (NGO) Observers, some of whom have already expressed interest in the Guantanamo Bay Fair Trial Manual, that we at the Indiana University McKinney School of Law have been researching and writing.

Flying to DC

My trip was uneventful, save for the look on all who tried to lift my carry-on luggage containing the Manuals, which at this point are in two Volumes, totaling over 400 pages. More about the Manuals later.

On my flight from Indianapolis there was an ‘interesting’ conversation going on behind me. I was sitting in front of the loudest three on this very small plane. Their conversations spanned from blue-collar job variations by state, Hoover Dam documentaries, Benghazi and then, Guantanamo! I held my breath.

Their biggest and only complaint was that US taxpayer money was paying for top-notch medical care “for those 9-11 prisoners down there in Cuba” while people here cannot afford it.

The pilot came on the intercom, and voices behind me were lowered for the remainder of the flight. I am still a little shocked that three people on that small plane going from Indiana to the East Coast would talk about Guantanamo Bay, on the eve of my first trip to that U.S. detention center on a remote Caribbean Island.

Preparing for my mission to Guantanamo Bay, Cuba

Hot off the press! Guantanamo Fair Trial Manuals

As an NGO observer, I am tasked with evaluating whether the all stakeholders are being afforded the rights and interests to which they are entitled through the Military Commission process. Yes, I will be examining rights of the defendants. Also I will examine rights of victims and their families, rights of the prosecution, rights of the press, and rights and interests of others who have a stake in the proceedings.

To help prepare for this mission, I have familiarized myself with the Guantanamo Bay Fair Trial Manual, which at this point I find to be of ‘biblical’ importance. As I mentioned, it is now in two Volumes. Volume I is the main body of the Manual, and identifies the international and domestic U.S. law that governs the Military Commissions. It provides a good idea of what a fair proceeding should look like, so that NGO Observers will have a good point of reference. It also contains a number of extensive, comprehensive “checklists” that Observers can use to give an idea of what to look for when they are observing.

Volume II contains the Appendices, which include hard copies of many important legal documents, such as parts of the Military Commission Act, Rules of Procedure, and International Documents, including parts of the Geneva Conventions.

Both Volumes have been instrumental in helping me prepare for my role as an observer. I have done background readings on blogs from other participants who have attended the hearings, as well as from the Military Commission Website and other resources. The Gitmo Observer Blog also contains Briefing Books under Research and Resources, which have been very helpful in orienting myself with the details of the hearings.

March 2 – 6 Hearings

Vaughn Ary - https://www.linkedin.com/pub/vaughn-ary/3b/644/b7

Retired Major General Vaughn Ary

This week, the al Nashiri court dealt with Unlawful Influence (AE 332, Defense Motion to Dismiss for Unlawful Influence and Denial of Due Process for Failure to Provide an Independent Judiciary). See Alleged Unlawful Influence over Guantanamo Bay Judges. It is argued that a high ranking military official, retired Marine Major General Vaughn Ary, engaged in “unlawful influence” over the judges of the Military Commission by ordering them to relocate to Guantanamo Bay to help speed up the proceedings.

The defense argued that no military official should be able to order a Military Commission judge to take such actions, since the judges are supposed to be free from outside influence.

The Learned Counsel for al Nashiri’s made a statement about who “can be trusted to act impartially” (Pentagon scraps judges’ Guantánamo move order; 9/11 case unfrozen, Miami Herald). The order of Major General Ary was reversed at the end of this past week, after Ary testified from the Pentagon.

Motions scheduled to be argued next week while I am present as per the second amended Docketing Order are:

AE 334 – Defense Motion for Appropriate Relief to Allow Mr. AI Nashiri to Groom Prior to Court Sessions and Meetings with his Defense Team.
AE 272D – Government Motion for Reconsideration and Clarification of AE 272C- Ruling- Defense Motion for Appropriate Relief: Inquiry into the Existence of a Conflict of Interest Burdening Counsel’s Representation of the Accused Based on Ongoing Executive Branch Investigations;
AE 331 A – Government Motion To Amend the Docketing Order (February 2015 Hearing) To Allow The Government To Determine The Manner In Which It Presents Its Evidence Relating To The Admissibility Of Government-Noticed Hearsay And Evidence Identified In AE 207;
AE 319I – Defense Motion to Continue the Evidentiary Hearings Related to AE 166 et seq and AE TI 9 Until Preliminary Matters are Resolved;
AE 319J – Defense Motion to Continue Further Hearings on the Government’s Motion to Admit Hearsay Until the Court of Military Commissions Review Renders a Final Judgment on Appeal;
AE 328 – Defense Motion for a Fair Hearing on the Admissibility of Evidence as Noticed in AE 166 and AE 166A; 3 (8) AE 319F, Defense Motion to Compel Discovery Related to AE166/166A/166B and Seeking Further Appropriate Relief;
AE 319G – Defense Motion to Compel Witnesses to Testify at the Hearing on AE166/166A/166B/319;
AE 256D, Defense Motion to Strike AE 256C: Government Notice of Bill of Particulars (Defining Civilian Population as Used in Aggravating Factor #5);
AE 257D, Defense Motion to Strike AE 257C: Government Notice of Bill of Particulars (Defining Civilian Population as Used in Aggravating Factor #5).

Tomorrow (Sunday), we are scheduled to leave for Guantanamo from Andrews. I plan to post again once I cross the street and enter the base.

I look forward to meeting the other NGO observers.

Aside from the hearings, all that is ringing in my head is ‘banana rats’ – these animals that are supposedly running around pretty freely on Guantanamo Bay. They say that they have to keep the temperature in our GTMO tents very low to keep these rats out at night.

Also, I hear there is a Jamaican shack with the best food on the GTMO base!

Seriously, I am very keen on furthering the goals of the Indiana University Military Commission Observation Project, which include to attend, observe, analyze, critique and report on the Military Commissions. This is a very important project that I believe serves all stakeholders in the Military Commission process.

Avril Rua Pitt, Across the Street From the Andrews Air Force Base Entrance, 28 February 2015

Preparations to Attend Abd al-Rahim al Nashiri Hearings at Guantanamo Bay, 1 – 7 March 2015

Abd al-Rahim al Nashiri

I am scheduled to travel to Guantanamo Bay, Cuba to monitor the Al Nashiri Hearings at U.S. Military Commissions from 2 – 7 March 2015. This is the case against a man, al Nashiri, who is charged in these proceedings with having being a masterminded of the October 2000 attack on the U.S.S. Cole, docked off the coast of Yemen, killing 17 U.S. sailors and wounding dozens more.

At Guantanamo Bay, I will be representing Indiana University McKinney School of Law’s Program in International Human Rights Law, which has received NGO Observer status by the Pentagon. This human rights program created the Military Commission Observation Project, and the Project nominated me for this mission.

Background

I have a Bachelor of Law from Moi University based in Eldoret Kenya (’09). I also hold a Master of Laws (LL.M.) degree in International Human Rights Law (’11) from IU McKinney, which is how I primarily got involved with the Program in International Human Rights Law. In 2010, I was an intern in this human rights program, working in Vienna Austria in. As an International Human Rights Law student in Prof. Edwards’s classes, I gained valuable gainful insight into international criminal law, and the Guantanamo Bay case of David Hicks, on which IU McKinney students worked and on which Professor Edwards served as an expert witness.

I am currently studying International Research Ethics, but have not lost my interest in international law.

Experiences

I have had an interest in international law for many years now, but certain events heightened my desire to understand international criminal law and international humanitarian law.

On August 7, 1998, the US Embassy in Nairobi, Kenya was bombed, killing over two hundred person, wounding countless people, and causing significant property damage. There was a similar terrorist attack in neighboring Tanzania. The blast rocked our notions of the relative peace and security we had experienced as a nation. Al Qaeda claimed responsibility, and terrorism was at doorstep of my East African home.

Al Nashiri was a suspected mastermind of those East African bombings, and one of the suicide bombers, the driver of the truck carrying explosives who attacked the Embassy, was his cousin, Azzam (pg. 152, 9-11 Commission Report). It was purely coincidental that I was approved for the Al Nashiri hearings. Although as a nation we lost family and friends, I naturally was inclined to seeing all those involved pay for their crime. At the same time, reading about the torture that alleged masterminds and perpetrators were subjected to left me conflicted as a human being, and a continued believer in the universality and inalienability of human rights.

With this background and my academic experience in international law, I am eager to attend the hearings and apply what I have learned to assess whether the accused are accorded fair trials, and whether the rights and interests of all other stakeholders are being fully afforded to them.

Reason for Applying to be an Observer

I admired the work of the IU McKinney PIHRL before I even joined McKinney School of Law. In 2009, I was fortunate to meet Prof. Edwards in Eldoret, Kenya, and had a chance to work with interns from PIHRL who did their internships in the legal office where I worked in Kenya just after I completed my law degree. As an affiliate of Professor Edwards’ program, I was very proud when it earned United Nations ECOSOC Special Consultative Status, and very proud when the Pentagon granted the PIHRL NGO Observer Status to the Military Commissions.

Courtroom sketch of al Nashiri by artist Janet Hamlin.

Al Nashiri

As mentioned, al Nashiri is charged with masterminding an attack on USS Cole in October 2000 and on. He faces charges in perfidy, murder in violation of the law of war, attempted murder in violation of the law of war, terrorism, conspiracy, intentionally causing serious bodily injury, attacking civilians, attacking civilian objects, and hazarding a vessel.

Personal Thoughts on the Hearings

I look forward to attending the hearings. I am however conflicted. The purpose of allowing observers is to ensure free and fair trials are conducted before the Military Court at Guantanamo, yet the process is riddled with torture and gross human rights abuses. I have received countless of emails from human rights based organizations, to sign petition for the closure of Guantanamo Bay. I cannot say that I have made any active advocacy efforts towards this end. I find it unsettling after claims and evidence of illegal detention and a flagrant violation of rights, there is an interest in the right to a fair trial. At the same time, terrorist continue to launch attacks against innocent human beings. I have witnessed this in Kenya, and continue to witness it with the constant threats from the militant group Al- Shabaab. I desire justice for the victims of terrorism, and respect for human rights for those accused.

Travel to Guantanamo Bay, Cuba

My journey to Guantanamo begins March 1, and will return to the country on March 7. I will be posting my observations on this blog as I continue to prepare, and updating on the hearings on a daily basis. I look forward to meeting other NGO Observers who will be there, attending the hearings and applying the Guantanamo Bay Fair Trial Manual to give an objective and personal view of the proceedings.

Avril Rua, Guantanamo Bay, Cuba, 21 February 2015

Detour from USS Cole – Official Tour of Ft. Meade – Kristi McMains – 29 May 2014

What to do at Ft. Meade when Observers are barred from hearings?

The Judge in the al Nashiri case determined that hearings for the remainder of the week were to be classified. NGO Observers, like those of us representing the IU McKinney Military Commission Observation Project, are not permitted to monitor classified hearings.

After receiving word that the hearings were done for the week for us, I scrambled to catch a flight back to Indianapolis on Thursday (what would have been the second day of hearings for this week). I was hopeful that my (more…)

A Student’s Perspective on the USS Cole Trial- Kristi McMains- May 28, 2014 (Part 2)

Al Nashiri hearing – Thursday, 28 May 2014

There was a lot of discussion in today’s hearing of the report from the Senate Select Committee on Intelligence’s (SSCI) about the entire Rendition, Detention and Interrogation Program. James Zender’s blog entry covered a lot of the substantive legal issues, so I will just over some of the moments that were particularly memorable.

New attorney added to Prosecution Team

A new attorney was added to the prosecution, which made the final count 12 attorneys for the prosecution and 5 (more…)

A Student’s Perspectives on the USS Cole Trial- Kristi McMains- May 28, 2014 (Part 1)

I started today with a feeling of excitement and nervousness. After communicating with the other MCOP participants, I realized that I would be the only representative from IU McKinney at the hearing today. What a responsibility! At the end of the day, I also realized that the judge had cleared his docket for the week. In other words, today was the only day this week that hearings were going to be held that were not classified.

I have decided to split up my post for today in two separate posts: one with my personal observations and unique experiences, and a second post that deals with the substantive legal issues that were covered in the hearing.

I have never been on an active military base, and had no idea what to expect. My taxi driver told me that it sometimes takes awhile to get cleared to access the base, especially with persons who enter by taxi. When we pulled up to the gate, my driver had to turn off the engine, open all the doors, and show both his license and mine to the guards. After a thorough inspection, I was allowed to come in. Success!

I pulled up to the Post Theatre, and came into the darkened room only to notice that I was the only participant present. I am the typical type A law student, so I made sure that I was over thirty minutes early, which gave me plenty of time to get settled and prepare for the day. The individuals overlooking the observation informed me that no cellphones, laptops, iPads, or anything else capable of recording is allowed into the theatre. For some reason, I had not anticipated this and slightly panicked because, as a law student hooked on electronics, I was intending on taking notes of the trial on my iPad the entire time. Thankfully, one of the leaders had an extra pad of paper. We have her to thank for my reporting to you all!

I was informed that they had received word that the trial was going to be closed until 10am, meaning that there would be no streaming due to the sensitive nature of the material being heard. Fortunately, the leaders streamed Good Morning America, so I was able to watch Matt Lauer and friends while I was waiting for the trial to begin.

Around 10:45am, Judge Pole appeared on our screen and the hearing was called to order. Before hearing any substantive legal issues, Judge Pole informed Al-Nashiri of his rights as a defendant, such as the right to appear at any and all trials he wished to observe and, at the same time, choose to not appear at any of the hearings without any prejudice towards his case.

I was struck when I first saw Al-Nashiri. I do not know what I was consciously or subconsciously expecting to observe, but I was surprised to notice that he looked like an average man that you would see walking down any street in New York or Indianapolis. When you search for images of Al-Nashiri, the man that appears looks very different than the man that I saw today. Today, Al-Nashiri was dressed all in white and was clean shaven with a full head of dark hair. He looked younger than I expected; I found myself stunned at the idea of him planning this horrific terror attack at such a young age. To be frank, I almost forgot that the hearing I was witnessing was one that was so crucial to national security. It wasn’t until the defense counsel referred to his client as “a potential terrorist and a potential member of Al Qaeda” that I was thrust back into the reality that I was watching a hearing relating to the prosecution of a man accused of acts of terror against our US military and who is an alleged member of the most infamous terrorist group in the world. Al Nashiri was leaning back in his chair, yawning, and looking sort of nonchalant about what was happening around him. It was not the reaction that I would have expected from a man who was on trial for his life.

One thing that I can say with 100% certainty is that these men, men who are accused of war crimes that are heinous to the average citizen, are receiving their right of zealous advocacy through effective counsel. The attorneys for Al Nashiri argued just as efficiently and effectively as they would for any other client. I found myself wondering if I would be able to do the same if I were placed in their shoes. The lawyer in me wants to scream a resounding “Yes”, that I would be able to respect the legal system and the rights of these individuals to have a fair trial that adequately and fully provides them the opportunity to be innocent until proven guilty. On the other hand, there is a part of me that wonders if my advocacy would be hindered in any way because of the pre-conceived notions that are inherent in a case of this political magnitude. It was apparent from my observation today that equality, fairness, and justice were not only sought, but achieved in this military commission.

There were only a few other people in Post Theatre with me observing this hearing. I spoke with two individuals, one from the ACLU and another from the Human Rights Campaign and both of these individuals have had prior experiences observing military commissions and they had both been to Guantanamo multiple times. They were each so nonchalant about their travels that it blew my mind. I wanted to hear all about their experiences, but they were insistent that it was just like any other business trip. I’m hoping James can shine some light on this- I would be ecstatic to have any opportunity to travel to Guantanamo Bay and be in the location where some of these military commissions that are so crucial to our nation’s security occur. I’m not sure it would be an experience that I could ever see as ordinary.

I was fortunate enough to tag along with the ACLU representative for lunch. I thought that lunch was going to be brought into the theatre, but instead we were dismissed for an hour an a half to do whatever we liked. We ended by stopping by a weekly farmer’s market on base and stopping at a Subway. The lunch area reminded me of a mall food court with many different types of food and stores shoved into a small area.

The rest of the afternoon flew by. The other observers knew the docket schedule and were surprised at how quickly Judge Pole and the attorneys were going through the motions that were contested. When we ended around 4:30pm, Judge Pole announced that the rest of the hearings would be classified and therefore closed to the public. Today was the only hearing that was available for streaming. It was a bummer for our other MCOP members who were either en route to the base or already in Maryland. Despite their travels, they were unable to view any part of the hearing.

As I was waiting for Whitney, a fellow MCOP participant, I called my father to tell him about the day and what I had observed. I have always lived life with a “No guts, no glory” attitude, and as a result have been able to meet people and have experiences that I would not have been able to have if I hadn’t had the courage to ask. I told my dad that it was unfortunate that I was only going to be on the base for one day and had not had a sufficient chance to explore what else it has to offer. He suggested, perhaps in a joking manner, that I should find the Commander of the entire base and ask for a tour. I just happened to be standing across from the Garrison Headquarters, where the Commander and Command Sergeant Major’s offices are located. I meandered over to their offices and walked up the steps of the grand building. I confidently walked through the front door only to come to a stop with a “Oh no, I’m not supposed to be here” moment. I immediately turned to walk right back out the door when I bumped into two very important looking men.

It is not everyday that you casually bump into the Commander and Command Sergeant Major of an active military base, but that is exactly what happened to me. I recognized their photos as they were hanging in Post Theatre as a way to inform everyone who was in charge. They were very cordial to me, but looking into their eyes, I could tell that they were very serious men. I told them that I was a law student here to observe the USS Cole trial and that I was interested in learning more about Ft. Meade. To my excitement and surprise, they asked for my business card and said that they would pass along my information to their head JAG officer who may be able to give me a tour tomorrow. I gave them Whitney’s information too, and we are both excited about the opportunity to have a sort of backstage tour to Ft. Meade.

I loved being at Ft. Meade to observe this hearing. I am sad that my fellow MCOP participants were unable to make it to the Al Nashiri hearing, but I am excited, as I know they are, to have the opportunity to travel out to Ft. Meade again in June to observe hearings related to 9/11. I am very grateful for this opportunity and feel as though I have been privy to something that very few people will ever get to experience in their lifetime.

The Post Theatre

The Garrison Headquarters, home of Commander Foley’s and Command Sergeant Major Latter’s offices

A Student’s Perspective on the USS Cole Trial- May 27, 2014- Kristi McMains

Military commissions have a lot in common with what we know as a regular trial that takes place in the US Court system. What differentiates a military commission is that a military commission is a court of law traditionally used to try law of war and related offenses. An alien unprivileged enemy belligerent who has engaged in hostilities, or who has purposefully and materially supported hostilities against the United States, its coalition partners or was a part of al Qaeda, is subject to trial by military commission under the Military Commissions Act of 2009.

I have read the brief of the Amici Curiae prepared by retired military admirals and generals in support of the defense council who is in opposition to the military commission as the forum to try this case. An amici curiae opinion is an opinion on the case or an issue in the case that is written from an interested third party who is not directly involved in the litigation. There are two points in this brief that particularly struck me: that the attack on the USS Cole occurred at a time where there was no “war”, and secondly that allowing this “retroactive” dating of when a time of war existed would lead to endangerment of American soldiers lives were they to be tried in a military court abroad. I find that these two issues are inherently linked to one another, and I must respectfully, yet strongly, disagree with the assertions from the defense.

“Terrorism” as it is known today is a fairly new concept. I asked my parents if they were worried about “terrorists” and “terror attacks” when they were growing up, and their answers both surprised and saddened me. According to them, a “terrorist”, as they used the term growing up, was an unruly child, one whose actions were unpredictable and wild. Today, kids as young as grade school know a “terrorist” to be someone who has the intent to scare and potentially harm a large group of people. Frankly, the events of 9/11 had to change the definition of terrorism and, subsequently, the rules and regulations that are linked to this concept.

I would argue that we are in a theatre of war whenever we are attacked in connection with an act of terror. The USS Cole attack was undeniably an terrorist attack, one designed to be targeted directly at some of our sailors stationed abroad. Although the President and Congress had not specifically declared a war, in my mind there is no question that attacking a US military ship with a bomb constitutes an act of war. It is for this reason that I disagree with the defense and their arguments that the military commission is inappropriate because it did not occur in a time of war.

The second point that struck me was the assertion that allowing this trial to be held in a military commission would put our own soldiers at risk for trials abroad. One of the greatest qualities of our nation is that we want to treat everyone in a dignified and respectful manner. We are cognizant of the consequences of our actions and want to do our best to secure our soldiers’ safety and security. However, what fails to be mentioned is that not all countries are following the American example. If an American was captured by al Qaeda, the American would not receive increased protection because if his nationality. Rather, the chances that he will be treated with brutality are immensely high.

In their briefing, the defense council described some instances during the second world war and the reign of Hitler. At that time, the American military made sure that German prisoners were treated to the same rations as American soldiers. General Dwight D. Eisenhower said that he did “not want to give Hitler the excuse or justification for treating our soldiers more harshly than he was already doing.” Sadly, the circumstances are not comparable to the situation that is at hand today. Our current conflict is not against a unified armed force that is led by a single commander; we are against individuals who are united under a common enemy, America.

A military commission is a way to let these individuals, who have been accused of war crimes against the United States and our compatriots, a chance to be treated with a level of respect and humanity that would likely not be reciprocated if the roles were reversed. Trying these cases in American federal courts would hinder the administrations of justice because the nature of the beast of war and terror. A military commission affords these individuals a fair trial, complete with zealous advocacy and opportunity. It is the correct forum for this case and is sufficient in ensuring that justice will be administered.

A Student’s Perspective on the USS Cole Trial- Kristi McMains-May 26, 2014

As I was researching the background to this case, it occurred to me that this attack must have triggered a switch in the mentality of our armed forces. America has always been seen as a dynamic military world power; our nation would be called in and the battles would ensue, almost all of which ended in our victory. We, America, were the party that always went to the battlefield, rather than the party having to defend an attack on the home front.

The USS Cole bombing was one of the most shocking times that our military has been directly targeted and attacked successfully. September 11 brought the realization that American citizens may have a risk on our own soil, but the USS Cole attack brought the realization that our military is now at a heightened risk when they are abroad.

The USS Cole bombing occurred on October 12, 2000 in Yemen. The Cole was fueling when the sailors saw a small boat approaching, the attackers were waving to the soldiers as the boat pulled up next to the Cole, and subsequently exploded from the hundreds of pounds of explosives that were packed into the tiny fishing vessel.

That attack killed 17 sailors and wounded 39 more. It tore a 40 by 40 foot hole into the side of this $1 billion ship. Al Qaeda has hailed the attack on the USS Cole as one of its greatest military strikes. Just 11 months before 9/11, we just started to experience war on the home front unlike any we had seen before.

I am especially drawn to this case. When I worked in Washington, D.C., I was fortunate enough to experience one of the most touching and impactful moments of my entire life.

When our service men and women return from battle, they are typically welcomed home with family members holding signs, arms wide with hugs, a feeling of honor, pride and respect is ever present. However, many of our men and women who are deployed are unable to return with the rest of their troop and experience the overwhelming welcome because they were injured and too ill or hurt to travel back with the rest of their unit. These men and women are honored at the Pentagon with a Wounded Warrior march.

I can still remember the feelings and emotions that came over me when I watched these men and women experience their long, overdue welcome home in the halls of the Pentagon. Every single person employed at the Pentagon, from the janitor to the highest ranking general, lined the hallways and clapped and cheered for these heroes. Some were outwardly hurt, missing limbs, in wheelchairs, burns, but some of the individuals’ wounds were not accessible to the naked eye. I have never felt such pride, respect, and admiration for our armed forces as I did during that ceremony. This moment has impacted me tremendously and to this day I will always try to thank a service man or woman for the enormous sacrifice that they have made for this Nation, and as a result, for me.

It is for this reason that I am drawn to the USS Cole case. Our men and women on that battleship had no idea that their safety would be put at risk by suicide bombers. The bomb hit right outside the mess hall, which led to the high number of lives lost. It took 14 months and $250 million to repair the damage that this one, tiny fishing boat did to the USS Cole, one of the most technologically advanced military vessels in the world.

A Student’s Perspective on the USS Cole Trial – Kristi McMains- May 25, 2014

I am delighted to be chosen to travel to Ft. Meade, Maryland in order to observe the hearing of Al Nashiri and his involvement in the bombing of the USS Cole. This is truly a once in a lifetime experience and as a third-year law student who has an equal fascination with law, policy, national security and human rights, there is no greater opportunity than this.

I remember sitting in my sixth grade math classroom after a break in ISTEP testing on Tuesday, September 11, 2001. Our school guidance counselor came in, gestured for our teacher and proceeded to have a heated whispered conversation. Our teacher then told us that the school was canceling ISTEP for the day, and started showing us a funny video online. We were all confused. A few minutes later, I was in the hallway when one of the social studies teachers ran by with tears in her eyes. It was not until the lunch period when a fellow student announced to our table that, “The United States had just been bombed.” I can still remember the feeling that washed over me at that moment. I felt as though everything slowed down, and a panic came upon me like none I had experienced before. I eventually learned the truth about what happened that day. In fact, sealed up in a shoebox in my parents attic, I took every copy of any newspaper I could find from September 12, 2001, and taped it in the box with a sign on it that says, “Not to be opened until 2021.”

That day changed my life. It changed the nature of our country as a whole. America had arguably not been attacked on home soil since near the birth of our nation. Pearl Harbor was the only other attack that was similar to this one, but it happened far off our coast, not in one of the biggest cities in our nation. One of the main reasons that I chose to attend law school is the fascination that I have always held for the law and our nation’s security. After 9/11, I started becoming more attuned to the emotions that other countries and citizens of those countries had towards America. I became fascinated with everything relating to national security and the law, whether it be news stories, novels, or speaking with everyone and anyone I could who had different experiences dealing in this unique brand of international affairs.

I had the wonderful opportunity to work out in Washington, D.C. for a summer as a Congressional aide to our now Indiana Governor Mike Pence. I learned to give tours of the Capitol where I talked about the plaque that sits on the far end of the rotunda honoring Flight 93 and the crewmembers and passengers who stepped up and saved the Capitol from being struck by the last plane. I toured the Pentagon and saw exactly where the plane struck the ground, bounced up, then slid into the side of the building where some of our nation’s most protected meetings occur. One thing that particularly struck me about the Pentagon was that the section where the plane hit was under construction; the number of people in that section was a fraction of the normal workforce and from that, lives were spared. Through my studies of aviation law I was able to learn about that day from the men and women working in the air traffic control tower here in Indianapolis. Our city became one of the main hubs for grounding planes, and these individuals had the task of grounding the second largest number of planes of any airport in the nation. They spoke of how they were frantically searching the radars for the hijacked planes and how eerie it was when their radar only showed around twelve planes that were strictly being monitored or flown by members of our armed forces.

That day helped solidify my future in law. The American justice system fascinates me in the sense that even these men, who have been recommended for prosecution for war crimes, get fair and honest trials. The USS Cole attack predated 9/11 by only eleven months; it was the first real glimpse into the mass casualty mindset that these individuals have against Americans and our way of life. Having the unique opportunity to observe the trial of the alleged mastermind of the attack will be enlightening and exciting.

I am also eager to observe the military commission process and how it differs from litigation in the US courts. I currently work at the trial law firm of Cline Farrell Christie & Lee and have already learned an incredible amount about our trial system here at home. I hope to highlight some of the commonalities and differences amongst the two in my postings and also explore why and if the military commission is appropriate for the issue at hand.

I leave in two days for my trip to Maryland. I have packed my bags, loaded my iPad with the incredible briefing binder that was put together by the leaders of this program, and am looking forward to my time at the base!