“WE’RE STILL IN LIMBO” – Prosecution/Government Briefing with Victim Family Members
January 8, 2025
Prosecution met with VFMs at 3:00 PM Wednesday afternoon. Mr. Clay Trivett , Col Joshua Bearden, and Superintendant FBI Analyst Kim Walsh were present. Also present were Mrs. Danielle Redden – Director, Victim Witness Assistance Program Office of the Chief Prosecutor of Military Commissions, and Will Andreu – Victim Witness Specialist, Office of Military Commissions.
“We’re still in limbo.” Mr. Trivett commented that hearing Gary Sowards say, my client admits guilt, is a sign that they are all prepped for the plea. Mr. Sowards will plea on behalf of KSM Friday morning at 9:00 AM. Prosecution agreed to swear KSM to oath, swearing to God to tell the truth and, our fate being in the hands of God. In Military Court, swearing-in gets done by the Trial Council as opposed to Federal Court where swearing in gets done by the Court Clerk. Mr. Trivett states that KSM very much wants to explain everything he did and why. But this won’t happen during the plea, this will happen during the sentencing trial.
Regarding the Stipulation of Facts (SoF), it is important to the defendants that the SoF is accurate. It’s important to their religion to be truthful. Clay Trivett (Prosecution), Gary Sowards (Defense) and the defendants signed them together in July. Mr. Trivett emphasizes that the Military Judge will not delay this case. No one has directed the Government to file another motion to continue/stay. Just before midnight Tuesday, the District Circuit Court of Appeals ordered a quick briefing. The Circuit Court is poised to respond to a stay by 9:00 AM Thursday. The Military Judge and defense want to get the plea done quickly (likely due to the next administration coming in.) If the stay comes after the entering of the plea at 9:00 AM, Double Jeopardy applies. As things stand now, the stay is the first part of the continuance/delay of plea entry. Then the District Court has to agree with the writ of Mandamus that the Secretary of Defense is allowed to withdraw the PTAs. If there’s no agreement, the PTAs are valid. Tomorrow is a Federal Holiday, courts are open in limited capacity.
A family member asked where we are with Ramzi bin al Shibh’s case returning to the court? Mr. Trivett said that he anticipates his return by this Summer. Dr. Michael Welner and other’s who have been evaluating Ramzi will testify as expert witnesses that he is competent to return to the case. His mental health problems were documented as early as 2003. A diagnosis of a delusional disorder of a hallucinatory-type was attempted in 2008, however he was uncooperative to complete evaluation. He was later diagnosed with PTSD with psychotic features attributed to the CIA RDI program, however there is no recognition of this type of diagnosis in the DSM. He was removed from the case by the Military Judge in September, 2023. He appears to be rehabilitated and competent to stand trial now.
Another family member inquired about the timing of letters from the Pentagon to families regarding case updates. How is the media able to report updates to the public so far ahead of the government informing families? Danielle Redden explained that messages to VFMs have to go through the Department of Defense (DoD), the Office of General Council and now, additionally filter through the SoD before getting to families.
A family member inquired about Victim Impact Statements. Mr. Trivett explained that it’s likely the Military Judge will limit Victim Impact testimony, however, all interested family members (spouses, siblings, parents, children) will have the opportunity to enter Impact Statements either by letter or video as well. There will be two separate sentencing hearings. KSM and the two others, WBA, and MAH will be a joint sentencing. If AAA later joins with a plea agreement, he will join the latter two. If Ramzi joins the plea agreements, he will join KSM.
In regards to KSM’s sentencing request, the range of years of confinement are 2,976 to 3,424 total. The numbers are symbolic of the number of victims killed on September 11th, 2001 and a rounded number of rescue workers who died from the after-affects of the attacks.
There is no court Thursday in honor of Jimmy Carter day. The defense has until midnight tonight (Wednesday) to respond to the Solicitor General’s request for a stay (continuance). The Solicitor General has until noon tomorrow (Thursday) to send a reply to the defense’s response. It seems the District Court wants to hear from both sides before giving a reply.
Tomorrow (Thursday) VFMs will have an early tour of a restricted area on the Naval Base, meet with media, meet with KSM Defense Council, and attend Mongolian Night at the Bayview Restaurant for supper.
These have been challenging and complex times for 9/11 families. We all seek justice. We all want finality. How to achieve this in an ever-shrinking time span sways dramatically on the scales in the palm of Lady Justice. This indent in the southeastern province of Cuba simultaneously holds contrasting elements within her sheltered bay; serenity and calamity. A place where 4,000 peaceful people don’t lock their doors and fifteen of the most notorious murderers in our lifetime are locked behind theirs. Hopefully for the remainder of their waning lifetimes. I hope that my reports and personal narrative informs and strenghtens us.
Have a restful evening everyone.
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