Update: The military judge has released the death-penalty defender Cheryl Bormann from the 9/11 case, according to people who've seen the 15-page ruling. The Pentagon has yet to release it. One source says the judge declined to abate the proceedings.
nytimes.com/2022/03/10/us/…
Now the new chief defense counsel for war court cases, Army Brig. Gen. Jackie L. Thompson Jr., needs to hire a new learned counsel. General Thompson says there is no such qualified lawyer on the team of defendant Walid bin Attash. Hearings could resume as soon as May 9.
In his ruling, the judge, Col. Matthew McCall, makes "no findings" on the adequacy of the inhouse investigation of Ms. Bormann's "performance and conduct" and nor does he make findings on "the veracity of the allegations." (He also offers no details.)
In his ruling, he does find that the defense team that Ms. Bormann built cannot "function effectively, regardless of whether the allegations ... are founded or not."
So she's out, the team remains intact, with no abatement.

Key: CDC=Brig. Gen. Thompson
The judge describes the team Ms. Bormann built to defend alleged 9/11 plotter Walid bin Attash as unable to "function effectively, regardless of whether the allegations ... are founded or not." He says the team suffered "irreparable damage" as a result of the investigation.
Ms. Bormann, who had represented the prisoner since July 22, 2011: "It remains in Mr. bin Attash’s best interest to avoid commenting at this point."
Here's the ruling, issued yesterday. The judge orders the chief defense counsel to "expeditiously" hire a new learned counsel and report back every two weeks. Meantime lawyer William P. Montross Jr. and other team lawyers are in plea bargain talks. int.nyt.com/data/documentt…

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More from @carolrosenberg

Oct 29, 2021
BREAKING: An eight-officer jury has handed down a 26-year sentence to this confessed Al Qaeda courier, starting from his February 2012 guilty plea.
It's symbolic. Defendant Majid Khan has a side deal with a senior Pentagon official for a shorter sentence.
nytimes.com/2021/10/28/us/…
The jury panel was given a sentencing range of 25 to 40 years. Prosecutors had asked for the upper end. Defense lawyers asked for the lowest, 25 years, invoking the prisoner's torturous 2003-06 odyssey through the black sites and his contrition.
In the side deal, Mr. Khan's sentence could end as early as February or as late as 2025 -- depending on analysis of his role as a government cooperator.

Based on quick math the U.S. military jury sentenced him to imprisonment at Guantanamo Bay until 2038.
Read 6 tweets
Oct 29, 2021
Good morning from Camp Justice at Guantanamo Bay. It is Day 2 of the sentencing hearing in the Majid Khan guilty plea case and we expect the eight-member panel of military officers (aka, The Jury) to deliberate today.
nytimes.com/2021/10/28/us/…
They can sentence Mr. Khan to anywhere from 25 to 40 years, don't know that it is a formality. The 41-year-old man who has spent nearly half his life as a war prisoner has a deal with senior Pentagon official that could end the sentence in 2022, could let him go from Guantanamo.
Yesterday was a marathon day. Hearings stretched from 9 a.m. to 10 p.m. -- and there's a bunch more to go. Prosecutors get to rebut Mr. Khan's 2+ hour talk to the jury, which at times included him using his hands and legs to demonstrate stress and shackle positions. No chains.
Read 14 tweets
Oct 29, 2021
For the first time in public, a detainee has been allowed to describes his torture in more than three years of C.I.A. black site custody. It was graphic, unclassified and offered new, never before disclosed details.
My dispatch from Guantanamo Bay...
nytimes.com/2021/10/28/us/…
Mr. Khan, who joined al Qaeda after the 9/11 attacks, expressed remorse for hurting people through his embrace of violence — and also found a way through a maze of national security classifications to realize a decade-long ambition to tell the world what the CIA had done to him.
Mr. Khan juxtaposed his remarks of contrition with previously unheard details of his torture by agents of the United States— the country his Pakistani-American parents and siblings adopted by becoming citizens even as he did not.
Read 10 tweets
Oct 28, 2021
Good morning from the war court compound at Guantanamo Bay, called Camp Justice, where today the court will be picking a jury -- they call it panel -- of military officers for a formal sentencing hearing of the prisoner Majid Khan. That's the jury box at the top of this picture. Image
Unbeknownst to the 20 US military officers who were brought to Gitmo yesterday as a jury pool, this is a formality. Khan pleaded guilty in February 2012, turned government witness and has a reduced sentence deal with the overseer of military commissions. nytimes.com/2021/05/14/us/…
But today and tomorrow we will watch lawyers pick a jury, tell them about Mr. Khan's crimes as an Al Qaeda courier and hear him address the panel. Then, probably tomorrow, the panel will deliberate a for-the-record sentence of 25-40 years from February 2012. (But we know better.)
Read 11 tweets
Oct 2, 2021
It’s pack-out day from Guantánamo Bay following the longest classified hearing in the tenure of military commissions — a secret two-week fact-finding on hidden microphones and allegations of prosecutorial misconduct.
The war court is closed until an Oct. 27 sentencing hearing for an Al Qaeda courier turned government informant. Backstory: nytimes.com/2021/05/14/us/…
Meantime we are more than 550 days into the pandemic and a senior soldier in battle dress just climbed aboard a closed, air conditioned bus, yanked down his mask and shouted an announcement onto masked court travelers: Remain inside if you want AC.
Read 9 tweets
Sep 13, 2021
Good morning from the military commissions viewing site at Fort Meade where I will be watching this week's rare open session of the 9/11 proceedings at Camp Justice, Guantanamo Bay.
For now, we see Judge McCall's empty chair.
Court is now in session at Camp Justice. Four of the five defendants are in court. Defense lawyer Suzanne Lachelier says Mustafa al Hawsawi was in too much pain to come to court, awaiting an injection. She is offering a recitation of missed meetings and miscommunication.
She says she does not want to trigger a Forced Cell Extraction, but says she doesn't understand how there are so many disconnects after all these years.
Read 61 tweets

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