Thread by @GitmoWatch

Good morning from Guantanamo! The final day of the 36th 9/11 pretrial hearing begins. All five defendants waived right to attend.

USAF Col W. Shane Cohen first week on the 9/11 bench wraps up today.

He informs the court he will endeavor to expeditiously move case forward.

Arraignment was over 7 years ago.

Harrington for bin al Shibh argues for an extension of time to produce a witness list for the suppression of statements issue.

Harrington explains some witnesses will lead to additional information, evidence, witnesses. Inevitably some witnesses will need to be recalled.

Harrington asks court for additional six months for investigation and development of statement suppression witnesses.

Ruiz for Hawsawi and Nevin for Mohammad both caution the court to take time to call these suppression witnesses properly to save time in the future.

On the scheduling issue, Cheryl Bormann for bin Atash, explains two suppression witnesses lost funding from the convening authority after Judge Pohl's ruling in AE524LL, the ruling that tossed statements made by defendants.

Judge Parrella ordered defense teams to file motions to suppress after government appealed Pohl's decision to bar statements.

Bormann explains defense teams still don't have all the discovery they need.

Judge Cohen, expressing frustration: We shouldn't be 7 years in with discovery still trickling in. We can't have significant discovery coming in two years from now during trial.

Cohen, acknowledging his animation: Discovery still trickling in is unacceptable. "I'm putting the government on notice - it will not happen in the future."

Cohen acknowledges the steep learning curve that comes with joining the case 7 years in, but advises this is not his first case and he understands how to determining a schedule necessary for moving the case forward.

The government has come up with a tentative schedule for September witness testimony which Connell has on the courtroom projector. It's impossible to read and a digital copy hasn't yet been distributed but we'll share that when we can, @carolrosenberg

Connell informs court his questioning of Dr. James Mitchell, one of the so-called architects of the Torture Program, could take three days, plus other defense questioning and cross

Connell offers his vote for the next hearing, currently scheduled for 3 weeks. Requests the 37th 9/11 pretrial hearing take place 22-26 July, other scheduled two weeks cancelled.

Trivett: We've been asking for scheduling order for years.

On 12 Dec 2014 government filed AE175F, request for scheduling order, also request for schedule in 478 series. The government should also drafting one to be filed next week

Cohen reminds Trivett discovery production needs to be completed, otherwise it's a moving target; it's an unknown but it needs to be known.

Trivett highlights the logistical limitations/complications of having hearings and witness testimony at Guantanamo.

You don't say? 🤨

Additionally, there are competing hearings ongoing with just one courtroom. One solution the government previously offered was night court. Seriously. They offered #NightCourt for the 9/11 trial.

Prosecutor Trivett argues defense has had plenty of time to review discovery but fails to mention the government withheld vital information regarding the relationship between the FBI and CIA during the CIA RDI program.

Remember when SA Perkins, who conducted the 'clean team' interrogation, admitted in her testimony that, yeah, she fed questions to the CIA while these men were in black site custody?

Something to keep in mind is the massive workload of analyzing the discovery provided to defense. Does it make sense, or does it contradict with other discovery provided? What is missing? Does it change the narrative? Who needs to be interviewed now? Or re-interviewed?

Ruiz for Hawsawi reminds the court a lot of discovery the government has provided wasn't received until recently.

Ruiz reminds the current judge that Judge Parrella (9/11 judge II) had a bias - he worked in the counterterrorism division of the National Security Division of DoJ office and was buddies with Prosecutor Groharing

Nevin: Judge Parrella had a habit of ruling first and allowing parties to be heard afterwards. It happened at least two or three times. Defense objected to it.

Bormann reminds the court the first trial conduct order had trial beginning in three months, which wasn't realistic. Requests court makes a realistic scheduling order.

MilComs in a 15 minute recess

Commission called to order after morning comfort break.

During the break we learned of a new DC Circuit decision regarding Guantanamo detainee's counsel's access to classified information, which has been a significant topic of discussion this week at MilComs

cadc.uscourts.gov/internet/opini…

Walter Ruiz for Hawsawi briefs the new judge on issues with having his client's laptop returned. Originally, each of the five defendants were issued laptop for their pro se preparation of defense. They were seized in Oct 2017.

After agreeing to forensic, the judge ordered the computer be returned for use to Hawsawi but he has continuing issues with being allowed to use the computer.

Commissions in recess until 1400

The final session of the 36th 9/11 pretrial hearings will be closed to the public. Thanks for tuning in!