“WE’RE STILL IN LIMBO” – Prosecution/Government Briefing with Victim Family Members
Posted on January 9, 2025 Leave a Comment
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.
© DeborahGarcia 2025, all rights reserved
OPEN SESSION DISCUSSION OF FORTHCOMING PTA INQUIRY
Posted on January 9, 2025 Leave a Comment
January 8, 2025
It’s currently 4:00 PM and the Sun has approximately 90 minutes before begins sinking into the Caribbean Sea. VFM’s. I have finally returned to my room after another event-filled day at GTMO. Some VFMs left for breakfast at 7 AM, while others, myself included, preferred to remain in their rooms until the 8:00 AM pick-up to the VWAP Family trailors, in the Camp Justice complex to prepare for our first day in Military Commissions Court in this unprecedented first of two weeks set by the Military Judge for the entry of the Pre-Trial Agreements (PTAs) for Khalid Shaikh Mohammed (KSM), followed by Walid bin Attash (WBA) and Mustafa al Hawsawi (MAH).
At 8:45 AM, as part of a new ruling, VFM’s took their seats of choice, which then became their permanent seat assignments througout the week. An assigned Military-certified escort sat adjacent to us, monitoring VFM’s for signs of fatigue, distress, or erroneous chatter. At 9:00 AM, Military Judge (MJ) Matthew N. McCall entered the hearing room to go through questions set out in the PTA for KSM (aka AE955U) and to hash out the few substitutions, edits, and problems in the 107 page Stipulation of Facts in KSM’s PTA, set to be procured at 9:00 AM, this Friday.
Government (prosecution) Council members present in the hearing room were as follows: Lead Council Clay Trivett, assistant trial counsel Col Joshua Bearden, Superintendant FBI analyst Kim Waltz, paralegal Chief Trevis Howard, paralegal PO2 Matt Estes, Megan Gentry and two other support personnel, as well as one additional support team member in the Remote Hearing Room (RHR) in Washington, D.C.
Defense Council members present were as follows: Lead Counsel for KSM, Gary Sowards; AF Maj. Michael Leavy (Detailed Military Council); Maj. Elspeth Theis (Detailed Military Council); team support personnel Nicholas McCue, Gabriela McQuade, and Ms. Denny LeBoeuf.
Limited council team members representing four of the other defendants also present were as follows: Representing Walid bin Attash (WBA) were Detailed Military Counsel LT Austin Ridgeway and CPT Marian Messing. Representing Ali Abdul Ali (AAA, aka Ammar al Baluchi) were Ms. Rita Radostitz (in courtroom) and lead counsel James Connell from the RHR. Representing MAH was Sean Gleason and one support team member.
KSM and WBA were present in the courtroom, seated in their chairs at the left end of their team’s tables.
The Military Judge (MJ) announced that breaks would occur throughout the day as follows: For prayer times — 12:10 PM, 15:15 (2:15 PM), 19:40 (7:40 PM). Lunch break 12-13:30 (1:30 PM). The judge stated that he expected to finish procurement of all of the 107 pages of the PTA today and did not anticipate the need to add Saturday.
Purpose of today’s proceedings: To discuss with the government (prosecution) and defense, preliminary issues related to KSM’s providence (forthcoming) (plea) inquiry. The Judge stated we he will also confer with council for WBA and MAH providence inquiries if we ultimately are going forward with the PTAs.
The goal is just to get to trial
Military Judge AF Lt Col Matthew N. McCall
For AAA, the suppression hearing is currently scheduled for the third week this month.
AE955U Prelimlinary Issues in PTA Stipulation of Facts (SoF) Discussion:
- MJ – “Do you confirm that KSM pleads guilty to all charges without concession?” Mr. Sowards (defense) – “Yes.”
- MJ- “Do you confirm KSM’s admission to the government and presents a plea of guilty to all charges without a doubt?” Defense, “Yes.”
Without going into detail regarding tedious translation questions, vocabulary clarifications and syntax edits, I will highlight the most poignent Stipulation of Facts (SoF) points:
- Re. Principles of Liability: MJ – “The Military Commission understands that KSM pleads guilty that he has committed, aided, abetted, commanded, counseled, procured, and directed a principal liability for causing the actions of another, one who is liable in actions for subordination as a superior commander?” Defense, “Yes.” The word “Procured” is agreed as irrelevant.
- MJ – “Does KSM plead guilty in causing the actions of anohter?” Defense – “He does your Honor.”
- Government – “The maximum punishment for causing death statute, authorizing maximum “Life” confinement, also authorizes the Secretary of Defense (SoD) to set the maximum for intentional bodily harm happening afterwards.”
- Defense – Ask to omit the Convening Authority (CA)
- Defense – With a plea of “Guilty,” there will not be a trial attributed to criminal responsibiity. (In other words, criminal responsibility is admitted in the plea entry of the PTA and does not require a trial to determine guilt to each charge.)
- MJ – “Is the defendant pleading to the “cause.” Defense – “Yes, the defendant is pleading to the “cause.”
- Defense – “While KSM is preparing to plead guilty to all charges on the charging sheet, due to heroic attempts of a Pennsylvania plane crase caused by passengers on board, KSM is prepared to admit that he intentionally crashed four planes, however the one that crashed in a Penssylvania field was not something he “intended.”
- Government – “The World Trade Center killing was intentionally carried out with the civilian objects (buildings) of attack. The Trial Guide attempts to reflect the charge sheets, defining crimes and Stipulation of Fact that KSM plead guilty and admitted to. Is that a violation of the Law of War?” MJ – “This element is valid by KSM’s willingness to accept.”
- Government – “The attacks are a violation of the Law of War because the defendants faked being civiians themselves to fool passengers on the planes to carry out the attacks. This was done in violation of the Law of War. We want KSM to agree this was in violation of Law of War, and used buildings and civiilian objects to carry out the attacks.”
- MJ – “Anything KSM says involving co-conspirators cannot be used in any other case involving those co-conspirators. These “overt acts” will not be used in another case.”
- Defense – “When the PTAs were put together by the government (prosecution), the defendant signed the agreements. KSM is assured use of three passages from the Koran in both English and Arabic; All of our faith be in the hands of God / Only Allah will choose the land in which you die.” and one other not noted.
- The serious bodily injury charge offense was clarified and agreed upon.
- (P. 107) – Admission of documents to be included in the Stipulation of Facts are to be used in the sentencing exhibit.
This ends discussion of preliminary issues related to KSM’s providence inquiry.
The Solicitor General office is telling the D.C Circuit Court that what the Military Commissions is trying to do is shut down a public trial. This is not True. It’s the opposite!
Gary Sowards, Lead defesnse Learned Council for Khalid Shaikh Mohammed
10:00 AM – 15-minute break.
Important note: There are two separate charges in the PTAs.
- Violation of Law of War to attack civilian objects
- Violation of Law of War to attack civilians.
Government (prosecution): “Most objects in the PTA have to be carved out in the sentencing hearing.” Regarding Victim Impact Statements, “hundreds are listed as interested in giving Victim Impact Statements. It will take until September to decide who and how Victim Impact Statements will be entered.” MJ – “I’m not putting out deadlines now. The goal is just to get to trial.”
Defense – “The defense envisions giving the option to give witness statements to who wants to be heard, should be heard. It is important this vision is sent to the D.C District Circuit about the scope of this trial we’re all committed to. The Solicitor Generals office is telling the District Circuit (appeals court) that what the Military Commission is tring to do is shut down a public trial. This is not true. It’s the opposite! Can you expedite this statement to the District Court?” The Military Judge did not think he could expedite anything at this point.
Regarding Scope of the stay request:
Lead defense council for AAA (defendant not filing PTA, only re: suppression hearing), James Connell asks, “If the emergency stay request is ruled to be for the entire case (not just the 3 PTAs), how will it affect Ali’s suppression hearings of the LHM (Letterhead Memoranda) scheduled to be continued and summarized beginning week 3?” MJ – “Should AAA’s be severed from the case? It’s not clear. It will be terrible to drag this on.” Government (Prosecution) – “I don’t recommend severing until we get a decision from the Solicitor General.”
10:37 AM – Recess called until Friday.
© Deborah Garcia 2025, all rights reserved.
Feature photo property of Deborah Garcia, taken with permission from the Victim Witness Assistance Program
U.S. – vs – KSM UPDATE
Posted on January 8, 2025 1 Comment
The writ of Mandamus and emergency stay have been filed with the D.C. District Court, at 4:30 today. The Solicitor General, Elizabeth B. Prelogar, authorized the filing of the brief to the court of appeals seeking the emergency stay to order the Military Judge to not enter the pleas and the 103 pages of the Pre-Trial Agreements (PTAs). If the District Court responds and grants the stay, Friday won’t happen. If they don’t grant the stay by Friday Morning, it essentially cannot be stopped. Once the Judge rules KSM guilty, it cannot be undone. The governement’s request had to be hand served to the three accused detainees planning to enter PTAs; KSM, WBA, and HAW.
Right now, we’re in limbo to see if D.C. District Court will accept and grant the stay. If granted, we’re done. VFMs ask, what is the stay addressing? Council states they can’t be sure if the stay is addressing only the entry of the pleas or to include the suppression proceedings scheduled to continue in week 3 for Ali Abdul Ali (aka Ammar al-Baluchi. AAA) as well. We only have 3 have pleas. AAA has filed separate motions in the 3rd week. If the stay is granted only for the three PTAs, we can still do the suppression hearings for AAA. If they stay the entire 9/11 case, then nothing happens in the Military Commissions for several months until the administration researches the writ request. If the stay is not granted, the PTAs are happening beginning 9:00 AM Friday morning. Almost all of the details of the PTAs will be laid out in open court. As of now, KSM is prepped and ready to say YES to all of the questions. The legally significant moment is when the provisions are presented and the Military Judge accepts his guilty plea.
If the District Court grants the stay the next question is, what are the parameters? Will it apply to only this Friday’s PTA (KSM), to all three PTA’s, to all 5 cases? The Military Judge, Matthew McCall, can give additional days for the District Circuit Court to decide.
This situation is unprecedented. If the request gets pushed into the new administration with the new SoD, there could be a pause in the commissions as a whole, The PTA’s could enter into a long pause, the PTAs could be halted, or rejected altogether. If the latter occurs, the poison pill clause will apply.
What is the poison pill clause and how does it apply? The poison pill is a defense strategy, a contract holder rights plan. The Pre-Trial Agreements are contracts. The defendants KSM, WBA, and MAH have signed contracts. If they are not carried out, there is a punishment of sorts for breaching the contract. Every part of the 103 pages of the contract (PTA) provisions will have to be litigated. This would take years. KSM turns 60 this year.
Open session court is scheduled to commence tomorrow (Wednesday) at 9:00 AM. Council will confer with the judge, the conditions of the 103 pages of the PTA for KSM.
Feature photo rights of Deborah Garcia, with permission by the Office of Military Commissions, Victims Witness Protection Program.
PRE-TRIAL AGREEMENT – v – PLEA DEAL
Posted on January 7, 2025 2 Comments
After attending six weeks of pre-trial hearings for the 9/11 detainees currently held in the detention center at the Naval Base, Guantanamo Bay, Cuba, a crucial term pertaining to the cases regarding Khalid Shaikh Mohammed (KSM), Walid bin Attash (WBA), and Mustafa Ahmed Hawsawi (MAH), has become a focal point of confusion among Victim Family Members (VFMs) and the public. The term in question is Pre-Trial Agreement (PTA). This term has become muddled in a quagmire of legal, journalistic, social media, and political reporting and bantering. Terms like “Plea Deals,” and “Plea Agreements.” All you have to do is Google 9/11 plea deals, or 9/11 trials to find an inexhaustive array of headlines reading, “The Accused 9/11 plotters reach plea deals with U.S…” Washington Post, 7/31/2024; “Guantanamo prosecutors are exploring plea deals in 9/11 case after…” NPR.org 5/21/2022; “Plea deals revived for alleged 9/11 mastermind Khalid Shaikh Mohammed…” APnews.com, 11/7/2024.
Pre-Trial Agreements and Plea Deals are not mutually exclusive rulings and it is incorrect to use the two terms interchangeably, because they are entirely different things. Using these terms interchangeably not only confuses and undermines the intelligence of those directly impacted, but also creates undue emotional distress and misguided conversations and conflicts.
Communication is the most important element of community engagement and conflict resolution. A question is a powerful thing. Krista Tippett, Journalist, author, entrepreneur eloquently reminds us that “while a simple question can be precisely what’s needed to drive to the heart of the matter, it’s hard to meet a simplistic question with anything but a simplistic answer. It’s hard to transcend a combative question. But it’s harder to resist a generous question.” https://fs.blog/krista-tippett-listening-questions/. At the Naval Station at Guantanamo Bay, Cuba, I am living the questions with my son, nine other VFMs, emotinal support staff, and council representing the five men who murdered 2,977 innocent people, sickening uncountable others, in one single, planned attack on American soil.
My personal need to pursue the questions has lead me to listen generously and ask questions of government council, VWAP personnel, and family members who have been entrenched in the Military Commissions at GTMO, some since the five 9/11 detainees first attempted to plead guilty in 2012.
The questions highlighted here are What is a Pre-Trial Agreement and what is a Plea Deal?
PRE-TRIAL AGREEMENT:
A Pre-Trial Agreement aka PTA, is a contract between the accused and a Convening Authority who exercises authorities and enters into a contract given a certainty of guilt. The contract will ultimately be approved by the judge. The accused has to admit guilt (guilty plea) and the overt things(s) that he did that resulted in all of the murders, in enough detail to the satisfaction of the court. January 7th, 2025, In the case of U.S. v. KSM, council will discuss what needs to be said by KSM to satsify the Military Judge. Both Defense and Prosecution council will go through the provisions of the PTA. The one overriding provision is that a plea of guilt commutes a Death Penalty.
PLEA DEAL:
In a Plea Deal there is no actual contract. The attorney’s agree. The defendant gives a guilty plea to the judge, perhaps to lighten a sentence, understanding that if the judge accepts the plea, there is no trial, and Victim Impact Statements are less formal. The Judge decides on a sentence and the case is closed. There is no contract in State Court that equals Military Court.
THE SITUATION:
The Military Court has a unique way of solving cases. Once the PTA’s are entered into the Court with the defendant’s plea of Guilt, the case enters a Sentencing Trial Phase. There is a Trial. The Trial part of the PTA is equal to the sentencing part. After the PTAs have been accepted, the Judge has 18 months from the day of the plea to begin to issue a Scheduling Order for full litigation of the sentencing case. Scheduling for KSM must commence no later than June 2026. This Order includes selection of a Jury panel of officers and a Jury Foreman from all branches of the military. The jury panel has not seen the evidence of why they have been declared guilty. Once the Jury panel is in place, the evidence comes out to showdeal. The conditions and degree for every action made or not made by the guilty party that led to the crime are not questionable as in a Federal trial. In essence, In the Military Court a trial occurs. It is not a Death Penalty trial. The PTA contract has traded death for a guilty plea and we get all of the evidence we want to get into the case, lifetime confinement (at GTMO), and Victim Impact Statements. Communal activities and amentities currently afforded the detainees cease.
A Certainty of Guilt
In the the Sentencing Trial Phase, council will present all of the evidence including but not limited to communications recordings and transcripts, banking and money transfer statements, tapings of planning meetings, apprehended notebooks, etc. The defendants cannot object to anything the government (prosecution) states as part of the PTA. This Trial phase will also include the following elements: 1. The names of each of the 2,977 victims murdered and survivors impacted, will be stated and identified. There is a large witness list for those victims who were positively identified. 2. There will be rulings on certification facts (i.e. death records, anthropology reports, to alleviate additional witnesses. 3. Witness statements to testify to the aftermath including family members, survivors, rescue workers, etc. 4. Victim Impact Statements. In Military Court. The Victim Impact Statements can be testimony or letters. This is a formal process. Those giving statements in court will get sworn in. The judge will decide who these individuals will be, based on a broad representation of the 9/11 victim population, in order to give the greatest impression of impact to the jury panel.
It is important to share a word about two more terms, DETAINEES – v – CONVICTED:
Pre-Trial detainees are jailed prior to trial. The 9/11 detainees are held as LAW OF WAR detainees. They are part of al-Qaeda. Al-Qaeda is not part of the Geneva Conventions. After KSM (and later the remaining detainees) is convicted, he will transition to a Convicted Prisoner. Under the current detention situation, they will be held as prisoners under the Department of Defense (DoD) Prisoner Policy. The Military Court gets to decide the Prosecution principles. The DoD decides on Policy priniciples. The conditions of confinement are not part of the PTAs. Ultimately it is the DoD that hands down confinement decisions.
The trial part of the PTA is the equal to the sentencing part.
Government council
THE STORY:
The attacks on September 11th, 2001 is one of the most notorious crimes in our lifetime. It has shaped the world we live in today. After ten years, from 2012, pursuing a capital case, and subsequently 27 months preparing PTAs to bring finality to the never-ending, heavily politicized and polarized case, the Government/prosecution believes they have made the best choice given the amount of time that has passed and is realistically left, so these monsters don’t die as innocent men, aging, in poor health, un-convicted. Unsentenced. They’ve chosen my husband’s finality. Now, I want to choose their “FINALITY,rather than them doing so in their (natural) death!
9/11 has shaped the course of my life and the lives of my sons who lost their innocence at 4- and 8-years-old and grew up in a fearful world without their father. They’ve never known a world without global, domestic, and community conflict churning around their intimate lives. One in which there is no justice and reparations for the sudden annhilation of their dad and thousands of others in a matter of minutes. One in which there is a sense of no hope for my beautiful 27-year old boy who chose finality, in his own ending.
Living in the footprints of 9/11 has been our American life.
5/22/03 – Dylan (6-yrs-old) [Scene: The dinner table]: “Why can’t my Dad be here?” / Mom – “I don’t know, I think you should ask God that question when you get there.” / Dylan – “How do we get to Heaven? I know, we take an airplane!” / Mom – “No, the souls of the people who love you, who are already in Heaven come and get you.” / Dylan – “So Daddy is an angel. I know we can’t see angels so that means Daddy is sitting next to me right now. Is Daddy sitting next to me mommy?” / Mom – “Maybe.” / Dylan – “He is! Why can’t God send him back to Earth again? Why can’t God just throw him down so I can see my Dad again? I’d rather kill the people that killed our Dad. I’d rather sue the person that killed our Dad. Even though it’s not just one person, it’s 100.”
© Deborah Garcia 2025, all rights reserved.
IT’S A GO!
Posted on January 6, 2025 1 Comment
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
Update in the case of U.S.v. KSM, et. al.
Posted on January 3, 2025 1 Comment
Feature Photo by Deborah Garcia – 1995: David Garcia
AS THE CLOCK UNWINDS, A DECISION ON THE JAN 6-17 9/11 PTA ENTRIES HEDGES ON THE BALANCE
Posted on January 2, 2025 2 Comments
January 1, 2025
2025 begins by ringing in the New Year with family in the south eastern corner of PA, idoling 100 miles from Andrew’s Air Force Base, after boarding my dog and driving 430 miles from Burlington Vermont. This first box on the calendar finds me checking email periodically for a notice from the Pentagon if my son and I, along with eight other VFMs, will be boarding a flight to Cuba in less than 60 hours.
Why? Because I was selected in a newly installed War Court lottery for a chair in the GTMO gallery for hearings set for January 6th, to witness the guilty plea entry of the planner of the “planes plan” attacks on September 11th, 2001, in which my husband’s body, and my livelihood were spontaneously rendered to dust. It is the only lottery I have ever won.
December 31st, the prosecution (government) filed an appeal to the DoJ to issue a Continuance (delay) for a decision on the plea entries until Jan. 27th. This action follows the plan laid out by prosecution during the final week of hearings November 11-15th, when the Military Judge reinstated the Pre-Trial Agreements (PTAs), ruling that Secretary of Defense (SoD) Lloyd Austin’s August 2nd revocation of the plea deals signed by three of 9/11 detainees on July 31st, was both untimely and unlawful influence by Congress (as he’d assigned this authority to the Convening Authority, BG Susan Escallier). November 25th, SoD Austin reacted by stripping the CA from all three terrorism cases at the Guantanamo Bay Naval Base assigning himself as the sole arbiter of plea deals during the waning days of the Biden administration. Following the Military Judge’s December 13th docketing order for entry of the PTAs beginning Jan. 6th, the prosecution called on the the U.S. Court of Military Commission Review board (CMCR) to provide a ruling on the matter. Anticipating the outcome of this ruling, the prosecution prepared an appeal for a continuance. Family members present for the Military Judge’s ruling on November 12th, were briefed by the prosecution of their planned course of action to file a Writ of Mandamus/prohibition with the CMCR followed by an appeal to the DoJ for a continuance and possibly an emergency Stay until at least Jan. 27th in order to buy more time to pursue further review in the D.C. Circuit Court. As the clock unwinds, a decision on the scheduled Jan 6-17 PTA entries in the Military Court hedges on the balance.
Below is a current timeline of the PTA seesaw.
December 30th: The CMCR denies the government’s petition (writ) to vacate the military judge’s ruling regarding the pretrial agreements. This puts the PTAs back on track for guilty plea hearings. The CMCR agrees with the Military Judge that the secretary of defense did not have the authority to revoke the accused’s existing PTAs because the accused had started performance of the PTA’s. They did, however, rule that the SoD has the authority as the principal assistant to the president in all matters relative to the Department of Defense to appoint himself as a convening authority for the PTAs. “He is the superior Convening Authority.”
December 24th: The proseution requests postponement of KSM‘s plea hearing until after January 27th — for time to consult with the department of justice lawyers to seek modification of the PTAs at the federal appeal circuit court.
December 16th: The prosecution submits a reply prohibition brief in support of its mandamus to the CMCR.
December 13th: The Military Judge, AF Lt Col Matthew N. McCall, issues his docketing order which indicated that the Pre-Trial Agreement court proceedings regarding Khalid Shaikh Mohammad (KSM) will occur during the first week of the session (6-10 January 2025) and that an additional scheduling order regarding the specific dates for Walid bin ‘Attash (WBS) and Mustafa al Hawsawi (MAH) will follow.
November 26: In response to the government’s/prosecution’s request, the CMCR assigns a panel of judges to address the prosecution’s request for expediting a briefing on the petition of the mandamus to advise on the military judge’s rulings in order to delay the January 6th PTA entries.
November 25th: SoD Lloyd Austin removes the CA, Susan Escallier, from all three terrorism cases at the Guantanamo Bay Detention Center, assigning himself as the sole arbiter of plea deals. The cases: 9/11, U.S.S. Cole bombing, Bali nightclub bombings.
November 12th: The Military Judge Lt Col Matthew McCall, announces that the weeks of January 6th and 13th will be set for entering the PTAs; for KSM in the first week and for MAH and WBA in the second week. Travel orders to GTMO for council and staff are set into motion.
November 10th: The Military Judge grants the government’s/ prosecution’s motion to seek postponement of any pleas under the pretrial agreements so that the government has the opportunity to challenge the Commission’s ruling on the pretrial agreements before the U.S. Court of Military Commission Review (CMCR) appellate court.
November 6th: The Military Judge rules on the pre-trial agreements (PTA’s) for the three defendants announcing his ruling to void Secretary of Defense Lloyd Austin’s memorandum, stating he did not withhold authority already given to and exercised by the CA, to rescind the PTAs ex post facto. He does not have the legal authority to withdraw the three pre-trial plea agreements reached with Khalid Shaikh Mohammad (KSM), Walid Mohammad Salih Mubarek Bin ‘Attash (MBA), and Mustafa Ahmed Adam al Hawsawi (MAH), which had been approved by the Convening Authority, Brig. Gen (Ret.) Susan Escallier, on July 31, 2024. The PTAs are reinstated, and the pre-trial hearing phases for the three defendants will end upon their guilty pleas being entered to the court at a date to be set by the Judge.
August 2: SoD Lloyd J. Austin III revokes the PTAs reinstating it as a death penalty case. The CA, BG Susan K. Escallier, senior Defense Department official, is relieved of her oversight of the case, leaving her on the other two Military Commisions cases (U.S.S. Cole & Bali nightclub bombings). The SoD assumes direct oversight of the 9/11 case.
August 1: Senator John Cotton (R-Ark) introduces a bill, “ Justice for 9/11 act”; 1. The plea agreements and judgments “do not preclude trials.” 2. Sentencing of death shall be available. 3. Confinement shall be at the U.S. Naval Base Guantánamo Bay, Cuba, in solitary confinement; no psychiatric treatment; no transfer to the continental U.S.
August 1: Lead prosecutor, Clay Trivett, formally notifies the military judge that an agreement was reached, and both sides were eager to move forward with entering plea agreements (PTAs) to the court. The military judge seals the PTAs until next year when a jury is empanelled.
July 31: Ms. Escallier approves a prosecution plea deal with the man accused of masterminding the September 11th plot with KSM and two other defendants. In exchange for pleading guilty, they would serve life in prison instead of someday possibly facing a death sentence.
July 29 and 30, 2024: The prosecution/government, and the accused, signed stipulations of fact, and the accused sign PTAs.
October 8, 2023: Susan Escallier is formally appointed as the Convening Authority for the accused in the Military Court.
September 4, 2023: Congress denies consent for the terms of the proposed PTA’s. This recommendation is made by the secretary of defense Lloyd Austin III, with no rationale. Chief government prosecutor Rear Adm Aaron Rugh and his prosecution team state that “a guilty plea achieves judicial finality” because a guilty plea nullifies the right to appeal.
August 1, 2023: A letter sent by the prosecution to notify of plans to meet with and inform VFMs states, “a guilty plea is conclusive evidence of guilt.”
March 15, 2022: The prosecution enters PTAs for the accused of the 9/11 attacks, commuting the death penalty, in exchange for guilty pleas and maximizing punishment of life in prison.
February 17, 2018: The Convening Authority, Harvey Rishikof, is severed from the 9/11 case for entering into plea discussions with defense teams. He is accused of “unlawful influence.”
Mid 2017: The Convening Authority, Harvey Rishikof, fails in an effort to secure PTAs with defense teams.
May 5, 2012: Five detainees are arraigned and charged with planning and facilitating the 9/11 attacks.
April, 2012: A Convening Authority is assigned and referred to death penalty charges regarding the detainees accused in the 9/11 attacks.
April 2011: The 9/11 case is sent back to the Naval Base at Guantánamo Bay, Cuba. The government’s prosecution team would start afresh under a new Military Commissions system with bans on evidence obtained from cruel treatment, and with enhanced defense rights to counsel.
January 2009: President Obama takes office and immediately suspends the Military Commissions system, issuing an executive order to close the detention center within one year. Later in 2009, President Obama’s administration decides to hold 9/11 trials in the lower Manhattan Federal Court, further delaying proceedings.
December 2008: The five 9/11 defendants state that they want to plead guilty. However, the Military Judge, Army Col Stephen Henley, determines that Ramzi bin al Shibh and Mustafa al Hawsawi could not make decisions about their own cases due to their questionable mental competence.
September-December 2006: KSM, MAH, AAA, RBS, and WBA are transferred from black sites under CIA custody to FBI custody in the detention center at the United States Naval Base Guntanamo Bay, Cuba.
Updates will be added to this post ad tempus — staying the continuous discontinuity of my 9/11 life.
© Deborah Garcia 2025, all rights reserved
Feature Photo by Deborah Garcia – 2024
Peace on Earth
Posted on December 24, 2024 1 Comment
Holiday tidings to my writing, support, justice, and 9/11 family members for your readership and engagement. Praise to the ancestors’ eternal lanterns. You are the light and the gift.
Photos by Deborah Garcia: Feature photo – David Garcia – 1995; Stevie and flag – 12/2024
TURNING POINT
Posted on December 22, 2024 2 Comments
On this Winter Solstice of 2024, obscure orders are being convened upon by a panel of judicial (volunteers) chosen by an obscure Military Commissions board that will determine if the 9/11 case against the planners who murdered my husband along with 2,976 fellow civilians on American soil, in one single day.
Three of the 9/11 planners detained at Guantanamo Bay Naval Base are set to enter guilty pleas beginning Jan. 6.
The Questions: 1. Does the military judge, AF Col. (ret) Matthew McCall, retain legal authority to reinstate the plea deals after SoD Lloyd Austin revoked them after they were signed by the CA (Convening Authority) Susan Escallier? 2. Will the CMCR (Court of Military Commission Review) rule that the Writ of Mandamus filed by the government prosecutor to uphold SoD Austin’s decision, is appropriate, before Jan. 6?
The Writ is Judge McCall’s 29-page ruling that SoD Austin’s action was outside of his authority and untimely. Once the CMCR panel of (volunteer) judges resolves the writ the Prosecution could (likely will) appeal to the D.C. District Court for further review to request a Stay.
Will I board a flight at Andrews AFB January 4th?
On January 20th, The DoD (Department of Defense) and District Government offices shift. And as quick as my husband disappeared in smoke, so may this case.
At this turning point in the calendar, the case of the 9/11 conspirators has reached another axis which could reset the movements on the never-ending pendulum of Justice. Will finality approach its furthest or culminating point in this darkness?
© 2024 Deborah Garcia, all rights reserved.
9/11 PRE-TRIAL HEARINGS: BRIEFING WITH THE DEFENSE – GUANTANAMO BAY NAVAL STATION, CUBA
Posted on November 23, 2024 Leave a Comment
11/13/2024 – (Wednesday, 5-7:00 PM)
Members of defense counsel present: Gary Sowards (Lead Learned Counsel – Khalid Shaikh Mohammad/KSM); Maj. Mike Leahy (Learned Counsel, Air Force – KSM); Matthew Engle (Lead Civilian Learned Counsel – Walid bin Attash/WBA); Marian D. Messing (Mil. Def. Counsel, Army – WBA); Suzanne Lachelier (Learned Counsel – Mustafa Al Hawsawi / MAH); Capt. Patrick Tipton (Learned Counsel, Air Force – MAH); Tammy Krause (Defense-Victim Outreach specialist /DVO). Two other members of defense also present.
Eight Family members and VWAP support personnel gathered with members of the three defense teams active in the proposed plea deals (PTAs) in the conference room of the Navy Gateway Inns and Suites.
What does it feel like to commune with the people defending the rights of your terrorists? The American citizens whose duty it is to provide the best representation possible to their clients— the soulless extremists who murdered your loved ones for no other reason than ideologic spectacle, altering your history, entangling you with foreign conflict and international law— take position in a boardroom with their elbows on the table. Every maneuver is deployed with cunning syntax, ensnaring you in the burgeoning chain of administrivia and forensic art of due process for the interests of the most notorious international terrorists who murdered your loved ones, razed the innocence of your children, and waged holy war on America.
Following a roundtable of introductions, a Family Member asked each defense team member to briefly share their personal experience on September 11th, 2001. The telling moved around the room like a sine wave, with a flattening of defense counsel accounts followed by a lengthening amplitude of Family Member stories oscillating with sharp infuriate peaks and tearful dips.
The over-arching slant was the telling of the defense teams collective remote memory of hearing the news, observing the towers hit and fall from screens, if they were old enough Reflecting distance. All, except for one who lived in Washington, D.C., were in different parts of the country. Each escaped direct loss. For two, there were no memories at all due to age, the ages of my own children 23 years ago. Spared by the shield of innocence, they relayed faint memories of their parents making phone calls, sending them outside to play: “We went to school and our parents went on with business as usual.” “I remember the emotion on the teachers’ faces.” “I was in high school, it was a disorienting time.” “You’re of two minds, my heart is with you.” One attorney said, “Assigned this case, I have empathy and sympathy for my client.”
The burgeoning chain of administrivia and forensic art of due process
The Families’ experiences echoed a prevailing contiguity, reflecting proximity. A plurality of blunt impact arousing rippling waves of heartache and fury: “Terrorism is mental warfare.” “I live with PTSD and lost my career. Moments before the first impact, my husband called his son (from Window’s on the World)—I am on top of the world! “It is the ceaseless death.” “My dad is dead. I lost both of my parents that day.” “My life is focused on taking care of my parents.” “How do you deal with a philosophy that only sees your demise?” “This case has only one solution!” “Our hopes were that we were going to find people alive…” “My children’s worlds came to an end that day.” “It shows how quickly our lives can change.” “The event that preceded this was the 1993 attack, killing six people.” “This war on terror is not over.”
Mr. Sowards explained, “as his lawyer, my job is to defend him, to get him the best result. What I hope is that you understand that whatever it is I’m doing for Khalid Shaikh Mohammed, as a capital attorney, is to get to know the client as much as possible. I want to do what can cause you less pain. We owe this to you, to hear what you want to talk about, so we are aware of this. We’ve told the government in terms of negotiations and plea deals, we want to make sure that we have negotiated the deal that gets the most expansive result. It’s things like the poetry (extending his gaze and hand toward me) that puts us in touch with what has happened.”
Causality of less pain? What is the metric? A Year? A Decade? A Half century? Frequent Flyer miles? Units of Zoloft? Bone fragment count? Number of breaths… left?
I have empathy and sympathy for my client.
Maj. Mike Leahy, Air Force Atty (KSM)
Stunned by Wednesday’s abrupt ending of the session following the prosecution’s questioning of the witness, we wanted to know why the defense team decided not to cross-examine Dr. Welner? Mr. Sowers said, “A lawyerly strategic decision was made. The testimony felt mundane and trite.” Here’s why:
- “At the end of the day, Dr. Welner really didn’t offer much new information into the case. As we saw it, much of what he was doing was interpreting things. All other witnesses have been people who were boots on the ground. We want information from them that we don’t know. Welner is given the case files and told to read through them, watch videos, and offer interpretations. Many of the things he talked about regarding the treatment in the CIA program is many degrees removed from what happened — A summary of a CIA officer somewhere wrote their account of what Ammar (aka Ali / AAA) said. He (Welner) is so many degrees removed from what happened, that we collectively didn’t think it would benefit anyone to challenge his interpretation. At the end of the day, the raw information is what we want. What we don’t have access to.”
- “We had a defense psychiatrist testify on Ammar’s (aka Ali/AAA) experience and health conditions. We’re really focused on the brain science: The brain impact of the experiences; on how they’re encoded in the brain; the science of the effects; PTSD, etc. Welner was a legally-minded brain scientist.”
- The attorney’s continued to state, “We were observers. The prosecution’s default is to repurpose sites that were CIA black sites. What we have to recognize is that wanting flesh for flesh is a different issue than a legal issue. Mitchell and Jessen described things that were very unpleasant.”
Mr. Sowers recants, “I know that the world shifted into an existential threat. People were telling the CIA interrogators that we were facing nuclear holocaust, so they tortured people because they thought they had to get answers. Technically it’s illegal, but I understand why they did it. They crossed a line because they thought they had to do it to save (our) lives.”
I want to do what can cause you less pain.
Mr. Gary sowards, Lead Learned Defense Counsel (KSM)
I can’t help to question, What is illegal? What is the law? What is law for international terrorism waged by belligerent enemy combatants? If the principles and regulations are established in a community by some authority to create a system of rules, which is applicable to the people whether legislative or judicial, then who are the people? Define community. The attacks of September 11th, 2001 on American soil were an unprecedented event that thrust the globe into lockdown. What is the law? It’s taken over 23 years for congressional and legal counsel to not only define the law, but to determine to whom the principles apply. This re-shuffling of the deck chairs on the Titanic has divided America, our communities, our allegiance. These mass murderers have divided the families of victims, conjuring our own government to further codify micro-divisions of the victimized within the manifold of the undulating footprints of 9/11. Are we repurposing the establishment of the principles of national protections to our citizens or to our foreign marauders? Who is re-shaping the law? The victimized or the victimizers? Who are the victimized in the War on Terror? The unfortunate innocents punching time cards or the vicious immorals plunging planes into the histories of 2,977 families in one blow?
We’ve over-thought this. The case has been over-thought. The law has been over-thought.
A family member remarked, “given the rollercoaster ride we’ve all been on, the writ (of mandamus), now that we are on the one-yard line, what’s your opinion that we’re going to get to the goal-line on the 4th? With another mission coming in, based on the filing of the writ, more delays are added into a time-line of no resolution? The Judge picked January 4th to give government a reasonable amount of time to seek CMCR review (U.S. Court of Military Commissions Review), to give the court time to issue a stay for the plea hearings. Did Secretary of Defense Austin have the right to revoke? Will the judge’s decision to reverse hold? I hope the CMSR will look at the 29-page plea deal and not delay. Unfortunately, Austin is pushing this ordeal. If they Stay it, the case goes into orbit.”
Members of the defense concluded, “the prospects are that the Secretary of Defense’s term is about to come to an end. Is the decision binding to Austin or does it get transferred to the next Secretary of Defense? He’s in the same bind. A new Convening Authority is also coming in. The problem is if someone says I want death then the case no longer is about how long it takes, it’s about how they might be in favor to continue the push ahead.
© 2024 Deborah Garcia, all rights reserved
Cover photo by Deborah Garcia, taken with permission by the Marine Corps, Guantanamo Bay, Cuba
