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The 9/11 hearing is in a mid-morning recess following very interesting discussions this morning on scheduling the way ahead led by the new trial judge, Air Force Col. W. Shane Cohen. Here are some highlights:
Four of the 5 defense teams have been expressing their displeasure or discomfort with the prosecution's request to start suppression hearings in September on the voluntaryness of verbal confessions by the fifth, Ammar al-Baluchi.
Prosecutor Clay Trivett wants to start taking testimony from FBI agents and others who interrogated Baluchi (KSM's nephew) here at Guantanamo in 2007 after 3+ years in the CIA black sites.
The prosecutor wants the September hearing to be a one-time opportunity for all five teams to question these witnesses. Judge Cohen said defense lawyers can file follow up motions on a witness by witness basis to recall them for follow-up questions that may occur.
Judge Cohen told prosecutors that he, the judge, will decide, not the prosecution -- and follow-up questions can be dealt with on a case-by-case basis. If he, judge Cohen agrees with the defense, he can handle follow up questions through recall, depositions and sworn affidavits.
NEWS: Judge Cohen made clear that he’s looking at national-security limitations on defense investigations that troubled the first trial judge. He said he has not ruled out remedies, even if the FBI confessions are admitted, including whether this 9/11 trial can be a capital case.
So the judge has decided that he will start holding hearings on the defense suppression motions in September, when he's reserved the war court for a three-week pretrial session. Prosecution witnesses go first.
