January 10, 2025
At 8:00 AM, 9/11 Victim Family Members (VFMs) boarded the Victim’s Witness Assistance Program (VWAP) bus in courtroom attire for our second, and final day of the 54th session of War Court proceedings held at the Naval Base, Guantanamo Bay, Cuba. Our Army Reserve escort driver stood outside the bus in salute for the reveille bugle call and the resonant recording of the military band’s arrangement of the National Anthem. Wearing our lanyard security badges, we entered the high security area of base and gathered at the VWAP family trailors for a quick briefing from staff and a final opportunity to grab a drink, snack, and unload our electronics before heading to the courtroom for the brief open court session. We took our charted seats in the galley behind the glass in the military courtroom – VFMs on the right side of the open curtain, media and NGO’s on the left. A Security Force guard read the courtroom conduct rules.
PRESENT IN THE COURTROOM:
THE PROSECUTION:
Representing the U.S. Government: Mr. Clay Trivett (Lead Prosecutor); Army Col Joshua Bearden (Prosecutor), Kim Waltz (Superintendant FBI Analyst); Navy Lt Com Travis Howard (information professional); Lt Col Megan Gentry (DoD Analyst), + two other support staff, and one staff seargant in the Remote Hearing Room (RHR).
THE DEFENSE:
Khalid Shaikh Mohammed – Gary Sowards (Lead Council); Maj Elspeth Theis (Detailed Military Council); Team support paralegals and support staff – Nicholas McCue, Gabriela McQuade, and Denny LeBoeuf. / Walid bin ‘Attash – Lt. Col D. Goldberg and one team member int he RHR. / Mustafa al Hawsawi – Sean Gleason (Lead attorney). Susan Lachlier, team support membes in the RHR. / Ali Ahmed Ali – AF Maj Rita Radostitz (detective of records). Lt. Jennifer Joseph in the RHR.
All Rise! (9:00 AM)
Military Judge, AF Lt Col Matthew N. McCall addresses the courtroom
THE DISCUSSION:
The D.C. District Court of Appeals issued an Administrative Stay on behalf of Khalid Shaikh Mohammed, Walid bin ‘Attash, and Mustafa al Hawsawi. The Appeals court will put out a briefing schedule for the ruling, which is unlikely to occur before the end of this month. The military judge suggests that the February 17-28th session may accommodate the guilty plea entries.
The Administrative Stay does not apply to Ali’s oral arguments motion to suppress the LHM (Letterhead Memoranda). The military judge assumes the next open session to commence Tuesday, January 21, since Monday is MLK holiday and inauguration day to hear the suppression motions for Ali.
Judge McCall requests that at least one attorney from each of the PTA teams remain on island next week and to be present in the courtroom during weeks 3 and 4 in case something comes up with these cases.
“See you in open session Tuesday, January 21st. The Commission is in recess!
All rise! (9:10 AM)
Victim Family Members returned to the hotel to dress down and rest until pick up at 12:00 to out-process and get boarding passes. We were then escorted to the VWAP family trailors to share in a wonderful bbq luncheon prepared by Mr. Will Andrew, OMC VWAP Victim Witness Specialist, members of the prosecution and reservists. At 2:00 some VFMs were returned to their rooms while myself, my son, and four others visited Windmill Beach to observe iguana’s and other wildlife concentrated in that location. I let the sea wash over my feet one last time before returning to the land of snow and ice in northwestern Vermont. We will all convene for a final supper and toast at the Bayview restaurant.
Tomorrow, 9:00 AM luggage will be collected. 10:30 AM, VFM’s will ride the ferry with most of the media, council and all of the VWAP staff for the departure terminal where we’ll have lunch. “We will board the plane still with that deep sense of pain — there’s no end to it.”
Our injustice is their restitution!
© Deborah Garcia 2025, all rights reserved
Feature photo by Deborah Garcia with permission from OMC VWAP.