Update in U.S. v. KSM, et. al.

Dear Survivors & Families,

 

I am writing to inform you of the updates and scheduling changes in the case of United States v. KSM, et. al.. 

 

This afternoon the Military Judge issued another amended scheduling order cancelling the week of May 5-9, 2025 of the upcoming session . The case is next scheduled for a week-long hearing, from May 12-16, 2025, at the legal complex on Guantanamo Bay (GTMO). A formal docketing order has not yet been issued, however, the Military Judge indicated that this session could be utilized for taking the pleas of the three accused should the D.C. Circuit determine Secretary Austin did not validly withdraw from the pre-trial agreements on August 2, 2024 (and should the United States not seek further appeal of that decision).

 

The D.C. Circuit Court of Appeals has not yet issued a decision on whether Secretary Austin validly withdrew from the pre-trial agreements on August 2, 2024.  On April 14, 2025, the D.C. Circuit requested documents that had been filed by the parties in the earlier U.S.C.M.C.R. litigation on the same issue for its review prior to issuing a decision. We will notify you when a decision is issued.

 

On April 11, 2025, the Military Judge issued a decision suppressing (i.e. not allowing into evidence at the trial) the statements made by the Accused Ali Abdul Aziz Ali to FBI Agents on 17, 18, 19, and 30 January 2007 at Naval Station Guantanamo Bay, Cuba, but has deferred a decision on suppression of the Accused’s other statements to a later date. On Wednesday afternoon, the Government filed a Notice of Appeal for this decision with the United States Court of Military Commissions Review (U.S.C.M.C.R).  A Notice of Appeal was required to preserve the Prosecution’s right to appeal the military judge’s decision to this higher court, but it is not an appeal itself.  We will inform you if the Prosecution moves forward with a formal appeal of the suppression ruling.  

 

VWAP is committed to supporting you through this process and will ensure you remain informed and updated on any further developments in this case. If you have any questions or concerns, please contact us directly at osd.pentagon.omc.list.vwap@mail.mil. 

  

Very respectfully,

 

 

 

Danielle Reddan

Director, Victim Witness Assistance Program

Office of the Chief Prosecutor of Military Commissions