IT’S A GO!

January 5, 2025

Thursday, January 2, VFM’s (Victim’s Family Members) received a cautionary email from the Victim Witness Specialist, Will Andreu from the Office of Military Commissions, recommending that we do not begin travel to Andrew’s AFB, MD until Friday afternoon. Additonally, if we have not heard from the office prior to our departure, to give them a call to inform them that that we are beginning our travel, “in the event that the continuance (delay) is granted.”

Friday, 11:00 AM, I filled my gas tank in West Chester, PA, and texted a message to Will A.– “2 hrs. to Annapolis.”At 11:45 AM I received the call from Mr. Andreu. When GTMO VWAP popped up on my dashboard nav screen I thought, Here it is, the continuance has been granted, the flight is cancelled. “The District Circuit Judge has disapproved the delay (aka continuance) for the PTA’s, ruling that the hearing for KSM must be pushed to Friday, January 10th. We will meet a 7:30AM at the Visitor’s Center at Andrew’s Airforce Base for the flight to Cuba.” (see January 3 post for email notice that followed).

I messaged my son, Dylan, who was already at the hotel near the Base, “it’s a go!”

I arrived at my sister’s home in Annapolis at 1:00 PM, where I met up with my son, who is joining me on the trip. This is his first trip to attend proceedings at GTMO and to face the murderers who robbed him of his father at four-years old. He’s feeling a bit tentative about this mysterious rendevous to the south-eastern tip of cuba with the iron curtain; do we sleep in tents? Can I take photos? Why can’t we cross into Cuba? He is (potentially) about to witness a landmark moment in history, entry of the guilty plea and Pre Trial Agreement of Khalid Shaikh Mohammed (KSM), the mastermind of “the Planes Plan,” in the Military Commissions Court. “I’m not sure I’m ready for this Mom.”

Saturday, January 4th welcomed us with a frigid 25 degrees for the brief meet and greet in the Visitor Center parking lot. From there we were to follow Will Andreu and Danielle Redden, Victim Witness Assistance Program Director in procession through Base security en route to the small terminal building. However security retained all of our passports because a name list had not been received from the Pentagon, therefore we were eventually directed back to the Visitor’s center where we waited for special processing. This resulted in nearly an hour delay. Upon our arrival at the terminal, processing our orders and checking bags, our group of ten family members were escorted to the board room where we were formaly introduced to two mental health support personnel and a military escort, and quickly briefed by the Chief and Lead Prosecutors, Rear Adm. Aaorn Rugh and Clayton Trivett. VFM’s were the last people to board the Delta Embracer packed with reporters, NGO’s (Non-Governmental Organization representatives), government contractors, council and the Military Judge.

The three-hour uneventful flight was pleasant with TV screens, hardy sandwich bags or salads, and friendly flight crew. Due to the absence of a plane stabiization rod, the aircraft was deplaned in reverse order. Since VFM’s occupy the front rows, were were the last to exit. It felt a relief to finally step into a breezy 80 degree day. After processing passports and military orders, we boarded the 2:00 ferry for the mainland where we were able to co-mingle with fellow familiar travelers.

The bus, powered by VWAP-dedicated Army Reservists, drove us directly to the NEX (Base shopping center) to pick up food and supplies we wished to have in our rooms, then finally to the NGIS (Navy Gateway Inns and Suites) where we were handed room keys, where we were met by our bags. After a brief rest, we walked together to Rick’s Bar & Cafe for supper and drinks.

At 8:30 PM, I set my alarm for a 7:30 hike and finally slid beneath the sheets.

Sunday, January 5th:

Some VFM’s attended 9 AM Catholic service, while others hiked John Paul Jones Hill or slept in, after which time we all convened at the Bayview Restauraunt at 11 AM for a hearty American – Jamaican brunch, after which time we were escorted to the court house to meet with prosecution.

1:00 PM – Meeting with the Prosecution:

Despite the present rulings, the government (prosecution) has appealed to the higher District Court with the Solicitor General for an Extraordinary Writ of Mandamus. The Solicitor General, Elizabeth B. Prelogar, has authority respectively for all Supreme Court litigations. https://www.justice.gov/osg/staff-profile/meet-solicitor-general. (What is a Writ of Mandamus? A written order from a higher court to a lower court, or to a government official, office, or corporation, commanding that a specified thing be done.) This decision will happen in the next 24-48 hours (by Tuesday noonish). If there’s no word from the Solicitor General, the PTA for KSM will continue. Even if she decides to appeal, the MIlitary Judge can choose to continue. At this juncture, an Emergency Stay can be issued however, unlikely that there will be time. If the writ is honored and the Stay is granted then the DoJ owns authority over the case. However, Double Jeopardy will apply. Double Jeopardy will make it difficult to prosecute KSM by the same sovereign for the same events. He cannot be prosecuted in Federal District Court for the same offense.

VFM’s returned to the NEX for a few more Sundries. After dropping some people at the hotel, myself and a few other VFMs, joined the two new-comers on a tour of the base. The tour included drive-bys of past and present detention camps, the Marine base, the various neighborhoods, and a visit to the light house. Will’s brilliant expertise and wit was par to none.

There is no court session scheduled for Monday, January 6th. Council, both prosecution and defense, will spend the day conferring among themselves on details of the PTA’s. VFM’s will attend an open court session Tuesday, January 7th, when council continues these discussions with the judge. If everyone is on the same page, the PTA’s will go smooth.

Note: Pre-Trial Agreements are not plea deals. Plea deals are not what is happening in this case. Look for my next post examining what a Pre-Trial Agreement (PTA) actually entails.

© Deborah Garcia 2025, all rights reserved.
Feature Photo by Deborah Garcia – 1/4/2025; Dylan Garcia, son of David Garcia