9/11 PRE-TRIAL HEARINGS UPDATE: 2 BRIEFINGS WITH THE PROSECUTION – Guantanamo Bay Naval Station, Cuba
Posted on November 16, 2024 Leave a Comment
November 12, 2024: (Tuesday, 1:30-3:00 PM)
Lead Team Prosecutor, Clayton Trivett; Attorney, Nicole Tray; Chief of Litigation Support, Meghan Gentry
Tuesday, at 11:00 AM, Military Judge, Air Force Col. Matthew N. McCall, abruptly called to end the 53rd session of the 9/11 pre-trial hearings in Guantanamo Bay, Cuba, exuberantly bounding from the bench, with a wave, “See you in January!”
After family members left the courthouse, we met with the prosecution team following lunch to discuss Judge McCall’s decision to re-instate the plea deals and set a date for the first two weeks in January for entering the pleas. This has taken a couple of left turns this week, and the prosecution wanted our feedback on how we were feeling as well as Dr. Welner’s analysis of the camp 7 reporting D101 CSRT (Tribunals). There was a consensus among the families of exhaustion, confusion, and qualm over the un-countable political and litigation influences that keep the case of our murdered loved ones in a perpetual state of intermittent paralysis, especially with the new administration swearing in on January 20th.
Everyone agreed that Dr. Welner’s testimony could not have gone any better, breaking down the defense’s mental health argument that they’ve built over the years. About a thirty-minute audio-video feed was presented to the court and gallery this morning exhibiting a conversation between Ali (AAA) (aka Baluchi) and another al-Qaeda prisoner, Ahmed Gailani. The audio was in Arabic, transcribed in English, and required rapid reading skills to fully grasp the conversation between the two al-Qaeda terrorists in Camp 7. We complained that the captions of the translations were small and difficult for observers to read in the gallery, which includes the VFMs (Victim’s Family Members).
Mr. Clayton Trivett asked what accommodations we would like to ask the court to improve. We requested larger screens in the gallery. “They need to do a better job of using the real estate on the screens,” commented a VFM. Mr. Trivett said he would request a larger monitor for the VFM’s in the gallery.
We also mentioned some of the issues we encountered with military personnel policing enforcement of gallery rules that had not been enforced to this date and felt inappropriate for our group, as follows: assigned seating that was to remain throughout the session; a seating chart with our names on it; no talking or whispering for which it became clear that we were being monitored on cameras by the MP; the soldiers assigned as VFM escorts for all activities through the week are suddenly not considered escorts for us. The MP announced that there must be one escort certified by Military Police (MP) standards for every ten people. We were a group of twelve total (9 VFM’s, 1 VWAP support person, and three Army VWAP reservist escorts. Since only one of our escorts fit this category, an escort assigned to the GAO’s and the press, positioned on the other side of the curtain, was assigned to watch over us as well. This meant that the curtain separating us from the NGOs and the press must be partially pulled back. A situation VFM’s are unaccustomed to, and one that makes myself particularly uncomfortable. “GTMO isn’t a 23-yr mission, it’s one mission played out 23 times,” said Mr. Trivett. He sided with us by expressing that rules keep changing for everyone. Attorneys and VFMs are not military personnel, however military rules are being placed on us, in a rigid manner.
Counsel discussed the highlights of the session and case and replied to questions.
The primary issues addressed:
- Was Ali able to give a voluntary statement in 2007 during FBI interviews in the weeks after transfer to Camp 7 at Guantanamo Bay, Cuba?
- Exploration of Bias
- Why didn’t the defense cross-examine Dr. Welner?
Mr. Trivett explained that they were as surprised as we were that the defense did not cross-examine the witness. Apparently, the defense lead attorney for Ali, James Connell, informed Jeff Goharing (the prosecution attorney questioning Dr. Welner in the RHR), during the fifteen-minute morning break that he did not have any questions.
Why didn’t the defense challenge him?
Perhaps the defense believed that the Judge had already made up his mind and will suppress confession statements made by his client, Ali, before Dr. Welner took the witness chair. Mr. Trivett believes that this will probably occur. Dr. Hanrahan was supposed to be the defense witness but was never present. James Connell may have weighed that his counsel were not as well prepared and knowledgeable of the entire record, since thousands of pages were involved. Or were they weighing in that they don’t have a typical expert consultant to cross-examine the expert. “Their desire to get the litigation done, with this judge, may have led the defense team to conclude that they’re better off not asking this guy any questions. We don’t know where Ali’s head is and whether or not he is permitting them to respond… You can say whatever you want, but don’t ever say that what I said wasn’t voluntary, says Mr. Trivett. Ali is challenging his Resilience. He’s a very self-critical terrorist, a proud Jihadist.”
Dr. Welner is the most exciting witness we’ve had in this case. “Welner has presence, is captivating, and intelligent. We were all locked in. This makes it harder for the judge to suppress the statements.” He highlighted what was and was not backed-up in the record, and what his opinion of that was. The convergence of data argument. He pulled together data from a twenty-year record!
Regarding Pre-trial Agreements (PTAs):
The Chief Prosecutor, Rear Adm. Aaron C. Rugh, has requested counsel to seek a Writ of Mandamus. The Judge ruled that the SoD, Lloyd Austin, had no authority to revoke the plea deals. Austin wants the death penalty. However, the prosecution is bound to work on an appeal for Judge McCall’s ruling because the prosecution works under the Secretary of State, a representative of the government. This is contrary to the plea deals that the prosecution has been supporting since 2008. They are constrained under bureaucratic policy. Mr. Trivett expresses, “the likelihood of winning is small because it’s not really an appeal, it’s an extraordinary Writ. People advising SoD Austin are not military justice personnel. If the CMCR (U.S. Court of Military Commissions Review) says the Writ is denied, or if they don’t respond in 45 days, then we will follow with Judge McCall’s ruling. Bottom line: The plea deals are happening.”
What is Writ of Mandamus? It is usually used in situations where a government official has failed to act as legally required or has taken a legally prohibited action. Judge McCall has ruled that SoD Austin’s action to revoke the PTA’s two days after the Convening Authority, Brigadier General Susan Escallier, had approved the PTA’s, was unlawful.
Family members asked, what stipulations are in the plea deal.
Unclassified: There are three main provisions in the three agreements:
- If a breach of the PTAs occur for reasons other than listed in the PTA, then the government can’t pursue a capital case in the future. The reason for this deal is that they didn’t want to sit on death row endlessly nor sit in solitary confinement forever.
- When the accused enter their guilty pleas we get: all the evidence we want; an appellate waiver; they plead guilty to all charges on the charge sheet; no limitation on what sentence they get and no guarantee of what is stipulated. They start at zero at a sentencing trial. We intend to ask for thousands of years for all of them. KSM—2,976+ yrs. The others are expected to get at least 1,000 years. The jury will hear all of the LHMs. No Appellate waivers—withdrawal of all their motions, waiving all appeals. The combined juried trial and sentencing phase will go through with certainty in a year or two, and they will be guilty forever. In contrarst, pursuit of the death penalty will have appeals going into infinity. The likelihood of going through a contested case, getting death, appeals, and ultimately execution while still alive, gets smaller and smaller over the years. We may get the death penalty, but they will never be executed. If they die before finality they will be found not guilty by law.
IMPORTANT: They are all found accountable and they create the historical record.
IMPORTANT: This doesn’t mean there won’t be a trial. With the deal, we have a guarantee that all of the evidence will come in. The prosecution wants evidence obtained from overseas, from bin Laden’s house, there are two important pieces of evidence tying Moussaoui and KSM from a desktop in bin Laden’s house. Mr. Trivett said, “We have a disc with all of this evidence that has been kept up until 2011. There is also a video of KSM and a video with the hijackers. Their motive, reasoning behind it, and principal reason for joining Jihad will come out pre-trial.”
- They will stay in their current conditions at GTMO until sentencing happens. Currently, they are in a communal custody situation. Once sentenced, the prosecution expects that they will be in solitary confinement. There is no ruling that they stay at GTMO. However, there is a provision that there are no government funds appropriated to move them. If that is lifted, they can be moved. Congress is preventing this based on Obama’s ruling in 2008 to prevent them from being transferred to Federal court. If moved to U.S. soil, they would have different rights. This is a law that is passed every year. There is nothing in the plea deal that guarantees they will remain at GTMO. These are non-binding recommendations. The PTAs give us finality awarded and executed in the next few years, predictably in 2026.
A family member said, “So what we are doing is negotiating with the terrorists!”
Regarding Ramzi bin al Shibh (RBS), there is some thought that he wants the same deal as the others. Likely, Ali as well, in the future. Ali has not entered a plea deal, waiting it out to see what the others get. “We are basically negotiating with terrorists,” says team counsel, Nicole Tray.
The lead prosecuting attorney and the team apologized to the families for the emotional whiplash we’ve all experienced with this.
After PTAs it will be a much shorter appellate process than what has occurred up to now. 1-2 years. The appellate process only applies to the terms in the 29-page PTA.
Mr. Trivett was surprised that the judge granted his oral motion to move plea entries to after January 4th. “The timing was janky.” One day after the election, legal teams only had 11 days to pull this together. “It doesn’t look good. If the CMCR hasn’t decided by January 5th, the judge has stated that he will proceed with the plea deals. Mr. Trivett will be required to request an emergency stay, leading us into the Trump administration. KSM will be separate, the other two will be together with their own cases.
There was a belief that the current administration supported the PTAs. “We positively endorse the PTAs, says Clayton Trivett. It’s the case call for judicial finality. The prosecution was ordered to appeal the judge’s ruling. We always felt this case deserved the death penalty. We were forced into this plea situation 27 months ago. This is not necessarily the prosecution’s path, we would have gone for the death penalty, however this is the best scenario for what was handed down to us.”
A family member asked about the risk of double jeopardy. Mr. Trivett explained that there are two components to the dual sovereignty doctrine of the double jeopardy clause in the Constitution:
- You can’t be charged with the same crime by the same sovereign. The Military Court is the same sovereign as the federal court (same offense by same sovereign.)
- There is nothing that says you can’t prosecute the same charge in the same sovereign (both state and federal government). Nor does it protect a person from being prosecuted by multiple states for the same act. Once tried in military court, they cannot then be tried in Federal court.
The CIA RDI program has had enormous consequences on our litigation. The government did it, but it has an impact on our case. The PTAs will be discussed at length with families once they are accepted when the case goes from trial to penalty phase.
Ramzi Binalshibh can’t plea while deemed incompetent. Though he may be exaggerating some of his symptoms, he has had consistent and persistent delusions and hallucinations for many years. He may turn around by the end.
KSM will not be a litigation case, it’s more of a justification case. The juried trial and sentencing will take place no later than 18 mos. from when a guilty plea is presented. The others are 22-24 mos. after their plea entries. Our asking of thousands of years is guaranteed for KSM. The others are expected to get no less than half of that.
After the briefing, lively discussions continued among family members. What we all share in common is that our case is complex. The murders of our loved ones is mired in political administrivia, capitalism, and forensic art. Guantanamo Bay Naval Base is a blurred cove in the Caribbean Sea where 9/11 family members soldier windward with those scripting our fate. To bear witness by presence. Bound by a shared event, our unique stories come together to form the collective narrative.
11/14/2024 (Friday, 1:30-4:00):
The Prosecution team conducted a briefing today primarily regarding the case of Ali Abdul Aziz Ali (aka Ammar Baluchi). A PowerPoint was presented with “controlled unclassified information” — imbedded evidence in the form of photos, documents, receipts, writings, D101 FBI interview confessions, and transcripts of the audio-video conversation between Ali and Ahmed Ghailani at Camp 7. The briefing was to aid the families in understanding the charging theory behind the case. Though riveting with brilliant displays, not all family members were able to remain through the entirety, due to the strong images and the volume of evidence and vehement declarations of hatred towards Americans.
The families were escorted into Courtroom 1 to take seats in the jury boxes, equipped with monitors for every person. Displayed on the screens:
USA vs KHALID SHAIKH MOHAMMED, WALID MUHAMMAD SALIH MUBARAK BIN ‘ATTASH, RAMZI BINALSHIBH, ALI BADUL AZIZ ALI, MUSTAFA AHMED ADAM AL HAWASAWI
The American flag displayed beneath.
The Principal Liability: If you aid, abet, counsel, or command you are guilty of co-conspiracy. This is the theory in trying the case. This is a capital case that is being filed under Criminal Code 18 USC (Prosecution under Law of War under Military Commissions Act).
THE CHARGES:
CHARGE I: VIOLATION OF 10 U.S.C. – CONSPIRACY
The accused entered into an agreement with leaders of al-Qaeda to aid, counsel, or command to murder multitudes of civilians. The accused knew the unlawful purpose. The accused knowingly committed an overt act in order to accomplish the same objective or purpose of the agreement or enterprise.
CHARGE II: VIOLATION OF 10 U.S.C. – ATTACKING CIVILIANS
CHARGE III: VIOLATION OF 10 U.S.C. – ATTACKING CIVILIAN OBJECTS
CHARGE 1V: VIOLATION OF 10 U.S.C. – MURDER IN VIOLATION OF LAW OF WAR
CHARGE V: VIOLATION OF 10 U/S/C/ – DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW OF WAR
CHARGE VI: VIOLATION OF 10 U.S.C. – HIJACKING OR HAZARDING A VESSEL OF AIRCRAFT
CHARGE VII: VIOLATION OF 10 U.S.C – TERRORISM
3 Points to Prove:
- Acts of War by al-Qaeda against the U.S. occurred before, during, and after 9/11. The U.S. has made efforts to counter their propaganda since 1998. We have been at war with al-Qaeda since Osama bin Laden (OBL) declared war against the U.S. in 1996. They clarified this with the 1998 Kenya and Tanzania Embassy bombings on American civilians. They had systematically launched attacks since August 1998 through September 11th, 2001.
- Establishing that 2,976 people were murdered because 19 al-Qaeda member hijackers intentionally crashed four airplanes into buildings in New York City, Washington D.C, and a field in Shanksville, PA. This is accomplished by identifying who the hijackers were and who financed them. This has to be proven: The planes that were hijacked, who hijacked them, and who witnessed them crash. There is one known video of a plane hitting the Pentagon through a grainy security camera. There is one video of the first WTC tower being hit by videographers who were on the ground filming a documentary. There is a cockpit data report recreating what happened on Flight 93, in Shanksville, PA.
- Establishing guilt of the planners. The accused aided, counseled, or commanded the hijackers. This is illustrated through multitudes of documents.
The three hours of detailed commentary, displays of raw evidence presented to families, and details of the Q&A are too extensive and sensitive to expound in this narrative.
The prosecution has 133 recordings of LHMs which are getting suppressed. Evidence presented included: receipts, bank notes, boarding passes, credit card and wire transfers, passports and Visa applications, written notes, objects found in the home of Osama bin Laden, and semi-redacted transcripts of conversations between al-Qaeda operatives and 9/11 conspirators. The evidence presented to us, unequivocally drew a solid timeline of the planning and execution of the attacks, a clear intent to harm as many people as possible, and the enterprise of co-conspirators involved in planning, financing (and transfers of funds), and carrying out the attacks on September 11th, 2001.
The perfidious, demoniacal acts of hatred and faceless edicts that ideological extremists have inflicted upon my life and that of my family, and continue to victimize people globally, is something I’ve had to shape my life around for twenty-three years. Now, the deepening exposition of the politicization and capitalization of the murder of my husband, of my son’s father, and our livelihoods has shifted how I feel about myself, yoked to this 9/11 life. I have always thought of my husband as the Victim of this murderous act of war, and myself and my son’s as Victimized. Today I left Courtroom 1 in Camp Justice feeling like a Victim for the first time. A Victim of Historical Meander. A Jumanji franchised by politicians and attorneys weaponizing and polarizing three generations of Victims and the Victimized in the ceaseless death.
For me, justice is redefined as FINALITY. Here’s what Justice means to the eight other people who attended the 53rd Session of pre-trial hearings in the Military Commissions’ prosecution of the 9/11 case – the 23rd year, 278th month, 8,483rd day of American life support and justice serving the murderers of our loved ones, 2,977 innocent individuals from 93 countries, and the interminable sickening uncountable deaths.
* FINALITY * ACCOUNTABILITY * FINALITY * TRANSPARENCY * TRUTH * FINALITY * DEATH * RESOLUTION * INEVITABLE
Featured in Cover Photo: Jack Ryan; Deborah Garcia-Me (WTC-1), VWAP Support Liaison, Grace Donegan (WTC-1), Julie B (WTC-1), Maureen Basnicki (Canada – WTC-1), Kevin Ryan (Rescue/Recovery), Colleen Kelly (WTC-1)
Photos by Deborah Garcia with permission of all VFM’s, U.S. Navy, OMC Victim’s Witness Assistance Program
© Deborah Garcia 2024, all rights reserved
9/11 PRE-TRIAL HEARINGS UPDATE: DAY 5 / NAVAL STATION GUANTANAMO BAY, CUBA
Posted on November 14, 2024 Leave a Comment
November 12, 2024
Greetings from Guantanamo Bay, Cuba, day 5 (3) in the final week of the 53rd session of the OMC pre-trial hearings on the 9/11 case.
Today’s open session began at 9:00 AM. Present in courtroom of Air Force Col. Judge Matthew N. McCall. Attending members of the prosecution team include lead attorney Clayton Trivett, Nicole Tate, Travis Howard and team analysts. In the RHR were Col. Joshua S. Bearden, Jeffrey Groharing, administrative members of the prosecution team and the prosecutions key witness, Dr. Michael Welner. Present defense members in the courtroom included Gary Sowards, lead counsel for KSM/MOH (Mohammad), Mr. Matthew Engle, lead counsel for WBA (bin ‘Attash), Mr. Walter Ruiz, lead counsel for MAH (Hawsawi), as well as other attorneys and administrative team members. In the RHR were Mr. James G. Connell, lead counsel for AAA (Ali/Baluchi). No accused were in the courtroom. KSM viewed live feed of the proceedings from the adjacent holding facility.
Housekeeping items include: Judge McCall mentions KSM/MOH is present in the holding facility talking with counsel. Proceedings can be translated to Arabic if requested. 1. The recommended conduct order requested to amend the trial conduct order, re: Guard Force members uniforms, and communication issues with the LSS. Administrivia between Guard Force and Military conduct orders, causing headaches moving KSM from the adjacent facility to the courtroom. 3. Judge McCall announced that we anticipate another late night of hearings today. 4. The judge asked the parties if they could extra dates to the hearing schedule to go forward with entry of the pleas, for weeks of January 4, and 11th, 2024. 4. Mr. Engle requested to enter the plea for bin Attash, due to an international obligation. Mr. Connell he can attend for the as long as the proceedings involve entry of pleas only, due to other obligations, asking to be excused from the other proceedings. The judge said he will put out an amended schedule order, with a result by end of today’s session.
Dr. Welner continued his expert witness testimony with question from the prosecution, Jeffrey Groharing at 9:30 AM. Addressed today were documents from Guantanamo Bay Naval Station, Camp Seven interviews conducted by the FBI with Dr. WK5-I.
Dr. Welner stated that initially, interrogators viewed Ali (AAA) as resistant and difficult regarding what he was disclosing through the CIA phases of interrogation. He continued to relate to the U.S. as “The Enemy.” The CIA had a mindset of no knowing what they didn’t know, fearing further attacks of large scale. They wanted to thwart these attacks. A document cites statements made by KSM, WAH, MAH, AAA, and RBS on in take include the following statements: “Killing you, fighting you, terrorizing you in large scale attacks are a great, legitimate duty in our organization. You are the last nation that has the right to kill civilians. We will attack you the way you’ve attacked us. We do not possess your military might. If our act of Jihad caused fear or terror then praise be to Allah, Our religion is a religion of fear to the enemy of God. We are terrorists to the bone! We asked to be near to God, when you fight and terrorize us, here is news; you will be greatly defeated in Afghanistan and Iraq and your fall will be just as blessed as the 9/11 day.”
Recordings of interviews were made during interview sessions and conversations between detainees through undisclosed prison premises, with hidden listening devices. A recording between Ali and an interviewer occurred as follows: “I said it like it happened. There are a lot of questions needing answers. The biggest answer is we take responsibility for 9/11. No one believes it in the whole world! They say the Sheikh works for the CIA, inside America!” ALI is angry over conspiracy theory rumors spread throughout the media that 9/11 was an inside job. They are proud of their efforts, it is their grand righteous act and they want all of the credit for it. “Most give facts without any shadow of a doubt. This was not a new idea. We’ve been working on it since August!” Ali claimed he was “depatterned/deradicalized” during EITs in the CIA RDI program. Dr. Welner states that this reflects an arc of the motivation and justification for 9/11 and how maintaining his decision for the world to appreciate the spectacle is directed at the Washington Post, the New York Times, and all the big newspapers. Ali and his brothers practiced “ideological homicide” with great celebration because the public was seeing it repeatedly in major news publications. Their confessions were not coercive. They came in intending to confess. Their perception of proof is most important to influence their confessions.
Another DIMS transcript describes a $5,000 transfer associated with Ali’s phone number and signature, an ID card to the Wall St. Exchange Center, an executive transfer, and Employment ID card with Modern Electronics Center with a passport number, and a record of a wire transfer to Waleed al Shehri (Saudi hijacker, Flight 175). Another transcript describes a wire transfer to Marwan al-Shehhi (Emirati hijacker, Flight 175) from Ali with the same addresses and transfer made in Ali’s true name (Ali Abdu Aziz Ali). There is a multiplicity of documents with powerful evidence of Ali’s, et. al. activities cementing proof. The captives confess because they wish to defend themselves.
A conversation (in Arabic) recorded on January 26, 2007, with Ali and detainee Ahmed Khalfan Ghailani through a wall outside of their holding cells, was played to the court. They conversed freely in a casual manner. Translations were cc’d on the screens shown in the courtroom and to the observers in the gallery, including family members. Ali recollects highly detailed information about a number of different and transactions. They discussed interviews with FBI agent James Fitzsimmons and Dr. WK5-I after their transfers to GTMO.
“There were a lot of things in the beginning in Africa…, says Ghailani. They are heard discussing the interviews of all of the brothers and the percentage of the completeness of their interviews. They also discussed their health, the weather, other prisoners and their resume of bombings. Ali spoke about a number of papers that identified him, including bank accounts in different places and passports. Ali said the government would be using these documents as evidence, repeating “these are disasters.” Ali compared himself to others who had more documentation about him which was more of a problem for him. The conversation lasted about twenty minutes. Dr. Michael Welner testified that his analysis of this interaction indicates “no evidence that the LHM (CIA) interviews triggered PTSD.” There are 289 pages of Stipulations of Fact in Ali’s case. Ahmed Ghailani is a Tanzanian conspirator of Al-Qaeda who confessed to involvement in the 1998 bombing of U.S. embassies in Kenya and Tanzania. He was held at GTMO from 2007 to January 2009, was transferred to the prison in downtown NYC and tried in civilian court in the SDNY. He confessed to the bombings and is living out his life sentence without parole at USP McCreary, KY.
Dr. Welner testified that during the tribunals, Ali displayed increased anxiety, for which he was treated with Celexa. Ali represented himself as a “business man” and said he had no meaningful relationships and attachments with the people he made money transfers to and was aware of the documents related to him. Reportedly, he carried himself with discipline, utilizing opportunities to sit and reflect upon the situation, to take different approaches to employ a strategy in face of the proceedings in the CSRT (Combatant Status Review Tribunal). Welner points out that Ali had the “audacity to say he was helping the U.S.,” embracing his role in the U.S. attacks. Dr. Welner continues to express hat what Ali said in the CSRT and D101 are dramatically different. “His unguarded statements gave explanations to why he did what he did and to his motivation to express himself by proudly manipulating the court and media. The overarching question is did he have a psychosis that impacted his ability to participate in interviews? “There is no evidence of conditioned fear or cognitive/brain impact symptoms from alleged head injury from CIA EIT’s that would compromise his participation in the LHMs,” attested Dr. Welner.
The court took a fifteen-minute break at 10:50 AM.
Upon returning from break, Dr. Welner was abruptly dismissed. Judge McCall said, “You may no longer be working for the government, but you may continue to consult with prosecution.”
Judge McCall addressed travel orders for counsel and staff, announcing that the weeks of January 6 and 13th will be set for entering the plea deals; for KSM in the first week and for al Hawsawi (MAH) and bin ‘Attash WBA in the second week, after which time he emphatically pronounced, “The rest of this week and next week is cancelled. Commission is in recess. See you in January!” Judge Matthew N. McCall quickly vacated the bench.
This news came as a shock to the families, NGO’s, and press in the Gallery, as well as the VWAP staff back in the trailer who were viewing hearings on CCTV. The family members were escorted to the VWAP trailer where we deliberated over pizza. We were expecting two more full days of witness cross-examination. What happened? Did the defense need more time to cross-examine Dr. Welner? Was Dr. Welner’s testimony so solid that the defense saw no benefit for cross-examination? Does someone have a personal emergency?
Dear victim family members, please consider attending even a single day at a CCTV site. You are not required to attend every day of a session. Your presence shows the counsel that these proceedings are important and the tireless work of prosecutors to bring our case(s) to justice are appreciated. The presence of family members is strongly encouraged at the Naval Station in Guantanamo Bay, Cuba and the CCTV (Closed-Circuit Television) sites states-side. Please contact the VWAP office at the Pentagon email address below to receive the next scheduled hearings for 2025.
Families of those who died on 9/11, First Responders (NYPD/FDNY/PAPD) and families of First Responders who have died or been diagnosed with post-9/11-related illnesses, or were injured on 9/11, are eligible to travel to GTMO to observe the pre-trail sessions. Please contact the VWAP office at: osd.pentagon.omc.list.vwap@mail.mil and they will send you the paperwork necessary for travel. Added benefits of attending sessions at GTMO include meeting for briefings and Q&A with prosecution and defense teams and meeting with media, at your discretion. Most importantly, whether you attend session in Cuba or at CCTV sites, is the privilege to convene and share in discussions with support staff other family members.
If you wish to attend the proceedings at either of the CCTV locations available, please email Danielle Reddan, Director of VWAP (Victim’s Witness Assistance Program): osd.pentagon.omc.list.vwap@mail.mil . The CCTV sites are considered an extension of the courtroom and are operational during all pen proceedings. The sites for most sessions are Fort Devens, MA; Fort Hamilton, NY; Joint Base McGuire/Dix/Lakehurst, NJ; Fort Meade, MD. It is strongly recommended that you RSVP to ensure a seamless security check at any site, even if you have visited previously. Please note that anyone requesting access onto the above-listed military installations must present a passport or ID card that is compliant with Homeland Security’s Real ID Act. In other words, driver’s license, non-driver’s ID, or passport.
© Deborah Garcia 2024, all rights reserved
9/11 PRE-TRIAL HEARINGS UPDATE: DAY 4 / NAVAL STATION GUANTANAMO BAY, CUBA
Posted on November 13, 2024 Leave a Comment
November 11, 2024
Hello from Guantanamo Bay, Cuba, Day 4 (2) in the final week of the 53rd session of the Office of Military Commissions (OMC) pre-trial hearings on the 9/11 case.
Today’s session began at 9:00 AM. Present in the courtroom of Air Force Col. Judge Matthew McCall were lead prosecuting attorney Mr. Clayton Trivett and members of the prosecution team, defense attorney’s Mr. Gary Sowards (representing KSM/MOH – also present), Mr. Matthew Engle (representing WBA/ Walid bin ‘Attash – not present), Mr. Walter Ruiz (representing Mustafa al Hawsawi/MAB – not present), and administrative members of team Ammar al Baluchi (aka Ali Aziz Adam Ali / AAA) – not present. Present in the RHR in Washington D.C. were DoJ prosecutor Col. Jeffrey Groharing, CoL. Joshua S. Bearden, lead defense attorney Mr. James Connell (AAA), and the government’s (prosecution) witness, Forensic Psychiatrist Dr. Michael Welner.
Housekeeping issues included three items: 1. Mr. Clay Trivett’s oral motions for not setting a date for entry of the pleas and time to coordinate with other teams. Judge McCall stated that he preferred to go forward with entry of the plea with KSM and the government. He will issue dates by the end of this week. The judge announced that the third week of this session is cancelled. 2. Mr. James Connell stated that the military court directed prosecution to confirm on the severance of a possible stay order. He states that the question of severance is premature and unnecessary at this time warning that such an action would “create collateral damage to a scope of another order.” He also objected to the entering of the audio-video conversation with Ali, aka al Baluchi, that Dr, Welner mentioned he wished to display and comment on. 3. The government moved for another extension for motion to suppress SoD Lloyd Austin’s revoking of the PTA’s (pre-trial agreements), citing this action as “unlawful influence by Congress.” Judge McCall announced that he plans to have oral argument in the January session.
The fourth day of Testimony from Dr. Michael Welner continued with analysis of medical records for AAA (Ali). The records in question refer to the LHM’s (known as the Letterhead Memoranda) taken during the period from arrival in September 2006 to December 2006 to Guantanamo Bay Naval Base, Camp Seven, (GTMO). According to the Defense Information Management System (DIMS), the LHMs were made by the staff psychiatrist Dr. WK5-I and FBI interrogators upon each medical and interview contact.
What is an LHM? A report of Law Enforcement, the FBI.
AAA was transferred to GTMO, Camp Seven on September 6, 2006. This moved custody from CIA to the OMC (Office of Military Commissions). In-processing rules were read by the Camp commander, Capt. Mark M. Leary, referencing the Geneva Conventions, positing that no mistreatments can take place and they must be treated respectfully, in a humane way. During Dr. WK5-I provided evaluations, treatment, and monitoring of his mental health on a consistent, on-demand basis, along with FBI interrogation agents. Dr. Welner asserts that this was presented in order to mitigate fear, so questioning would have no impact on Ali’s ability to make voluntary choices during interviews. The goal was to create an atmosphere with an emphasis maintaining the comfort and welfare of the detainees. Dr. Welner asserted that reports speak to “the un-intrusiveness of his life by staying out of his business, allowing him autonomy, self-direction, and free choice to participate in interviews as he sees fit, indicating that there was no aspect of management to trigger PTSD.
The specific conditions of confinements were enforced as follows: 5x/day daily prayer, provision of prayer beads, rug, cap, and Qu’ran, exercise equipment, library books (for intellectual stimulation), coffee, tea whenever requested, and the ability to choose which meals to schedule for Ramadan, or not. It is important to note that Ali’s arrangement in Camp Seven was custodial not incarcerate. The focus was not on military policing, but on information gathering. Dr. Welner emphasized that access to faith promises hope and resilience, conditions that are relevant to Ali’s claims of PTSD.
no complaints of treatment by FBI and the CIA.
The over-arching points from all of the DIMS is that there is “no evidence of PTSD triggers or traumatic custodial experiences, no impact on the individual’s voluntariness to choose, and no learned helplessness. Reports of medical and physical conditions contradict Ali’s claims of PTSD. The medical records do not reflect evidence of and concerns of fear of harsh treatment.” Ali also reported that he never received harsh treatment at Guantanamo Bay.
A fifteen-minute recess was called at 10:30AM
Ali had an appreciation for Dr. WK5-I , who was his exclusive therapist. The doctor was available for anything Ali needed or wanted any time and as often as requested and conducted daily monitoring of PTSD and signs of other psychosis’. This personalized care does not compare to regular custodial facilities, where the purpose is to prevent prison catastrophe. WK5-I developed an inculteration working with Al-Qaeda operatives, which refines an ability to connect and cultivate the interviewers questions. These conditions positively effect Ali’s vulnerability to provide confessions. It is noted that Ali evidenced non-clinical symptoms of mixed anxiety-panic disorder, hypersomnia, and depression. By September 26th, his symptoms were improving as he was settling into the transition to Camp 7.
Lunch break called from 12:00-1:30 PM
Dr. Welner pointed out that there are “many levels of guilt in the minds a terrorist.” Guilt for not being a good follower of the Qu’ran, to hurting and abandoning his family, not doing what his leaders want of him, failure to Allah, to Islam.
He’s feeling happy. He’s doing pull-ups on the roof, in the rain
Ali’s primary area of concern is his worries about his family. The worries of his family weigh heavily on him and causes much of the depression and anxiety symptoms seen. Dr. Welner points out, “choosing to be a terrorist is a deviant life choice!”
To manage his depression, Ali wrote many pretend letters to his family. He also wrote letters to his captors. He controlled his anger, anxiety over medical and social conditions, and sense of lost control with self-help books. This has been termed as bibliotherapy.
Again Dr. Welner emphasized throughout LHM reports that Ali states “no complaints of treatment by FBI and the CIA. All reports indicate that he’s doing well and no acute issues were arising. There are reports of Ali having bad dreams “about things he’s done to others in the past.” Ali described another dream in detail; “I was driving in my car, had a wreck, my family died, and I was devastated. It was my fault that I harmed my family.” He cried, “I’ll never be a normal person again. I can’t change the situation I’m in but I know I can improve myself. I have to accept it. He still works toward a future. A future stolen from my husband and son.
As a family member, who’s husband (and later son), were murdered by the choices this individual made for my family, it is hard to hear about all of the struggles Ali has had post-capture and the intensity of assessments, concern, response, and treatments he’s received for his health and comfort level. Maybe, if my son received this level of help with his mental health symptoms, he’d be living his future.
An LHM dated at the end of October, 2006 reported: He asked to remain outdoors when it began to rain when exercising. “I haven’t felt the rain in three years. I choose to stay here and enjoy the feeling. “He’s feeling happy. He’s doing pull-ups on the roof, in the rain.
Thirty-minute break at 3:00.
In an LHM dated November 13, 2006, Ali is quoted, “There are a lot of things to get done. I have a lot of energy. I feel motivated.” He reported that he has some good days and some bad days. He struggles to find meaning and experiences extreme stress due to loss of family, social identity, means of support, loss of future, etc.). I, myself experience many similar feelings– sense of loss of family, future, identity, means of support both financial and emotional. I’ve often questioned my purpose in life in the void of marriage, motherhood, career, and love. I can improve myself, but not the situation that was inflicted on me and my beautiful boys. Every day I strive to accept the situation and search for meaning. These reflections elucidate a shared humanity with my terrorist. And I am disturbed because I want to identify him as a non-human entity. There is a feeling of being cancelled out. I am a ghost in my own history.
At 4:00 PM, KSM exited the courtroom at his own free will, with a 14-gallon tub of comfort toys carried by a security officer, without ankle or hand cuffs.
In a January 29, 2007 LHM, Ali is described as an “educated mental health consumer.” Dr. Welner explains, the shiny object is the 3,000 people he killed and the subject is his sense of failure, “because many social relation situations have broken in the past.” Ali questions how to resist the powerful force of the exposure therapy that is being employed to break down his emotional walls.
After reading nearly a thousand documents from 2007 to the near present, and Ali’s letters, Dr. Welner concludes that overall, Ali demonstrates optimism, motivation, and resilience. He is religiously inspired, giving him a sense of confidence that he is “going to get through this–this is how, I must,” a reflection of his faith and devotion to his God.
Judge McCall announced a thirty-minute break at 5:00 PM, anticipating another two-hours of testimony. The VFM’s decided to exit the gallery and observe the remainder of the testimony in the comfort of the VWAP (Victim’s Witness Assistance Program) family room. The remainder of testimony consisted of further examination of LHMs with the same line of questioning following each of Dr. Welner’s in-depth analysis’: Does this report reflect symptoms of PTSD? Of psychosis? Does this report reflect an impact on an individual’s voluntariness? A learned helplessness? “No.”
Court is recessed at 7:00 PM. This concludes analysis of the LHM’s and CIA summaries. Dr. Welner’s testimony will resume, Tuesday, 11/12 at 9:00 AM.
Dr. Michael Welner displayed a remarkable knowledge of the subject and material, sharp focus and analysis of the situations, individuals, and implications of behaviors in question, while maintaining a level demeanor over an eight-hour period. Dr. Welner is known as one of the top forensic psychiatric examiners working in litigation in national and international court proceedings. He has worked on cases such as Etan Patz, Elizabeth Smart, Andrea Yates, Omar Khadr. He is known for creating the Depravity Standard https://www.sciencedirect.com/science/article/pii/S0047235217305342
Note: Posting of this account was affected by timing and WIFI integrity. Though court schedules are set on a daily basis by the judge, he has the discretion to momentarily alter the timing based on the presence of classified information introduced to the hearings, personal issues with key personnel, technical issues, acts from Congress, as well as unpredictable predicaments. After court recessed at 7 PM, the VFM’s were escorted to O’Kelly’s Pub for dinner and returned to the NGIS (Navy Gateway Inns & Suites) at 9 PM. Also, no electronic devices are allowed in the courtroom.
© Deborah Garcia, all rights reserved
9/11 PRE-TRIAL HEARINGS – UPDATE: DAY 3 / NAVAL STATION GUANTANAMO BAY, CUBA
Posted on November 11, 2024 Leave a Comment
November 10, 2024
Today’s rare Sunday session commenced at 1 PM. The VFM’s attended brunch in court attire and were bussed to the courthouse by 12:45 PM.
Present in the courtroom were the lead prosecutor, Clayton G. Trivett and his team, three of the defense lawyers and 2/3 of their defendants; Gary D. Sowards, (Khalid Shaikh Mohammad / KSM), Matthew Engle (Walid bin ‘Attash), and Walter Ruiz (Mustafa Al Hawsawi- not present), and Ali Aziz Ali aka Ammar al Baluchi. Present in the Remote Hearing Room (RHR) in Washington D.C were Jeffrey D. Groharing, lead Prosecution counsel, CoL. Joshua S. Bearden and Dr. Michael Welner.
Housekeeping issues included an email received by the Office of Military Commissions re: the prosecutions appeal on Judge McCalls ruling last Wednesday of the pre-trial agreements (PTA’s) for the three defendants, asking to defer the pleas. Mr. Trivett asked that the military judge postpone talks of the pleas, suspend all dates set for the pleas to give time for the government’s response to the PTAs and recommendations impending their appeal, and to make a decision on this today.
Mr. Trivett said that the chief prosecutor, Adm. Aaron C. Rugh, instructed him to prepare a review through a writ of mandamis to vacate the PTA’s so the government can appeal the judges surprise ruling last Wednesday in order to reinstate the PTAs to the U.S. Court of Military Commissions Review (CMCR). The judge was potentially going to use week three of this session to hear at least one of the PTA’s from the primary defendant, KSM.
KSM’s attorney, Gary Sowards, argued, “everyone was surprised by the commissions decision,” and asserted “harm to the families in the back of the courtroom,” if to discontinue the PTA reinstatements. He asked the judge to continue moving forward with the pleas and to set a date. Sowers protested, “why can’t the judge come to a decision on one of the most important, complex, expensive case in history?” He continued to argue that the government cites no legal authority with our case! “The government usurping judicial ruling is legal weaponry in the arsenal of appellate court. Thousands of VRMs are waiting for what they decide.”
Mr. Sowards also stated that “the only contested issue is if the Secretary of Defense Lloyd Austin had the authority to push the convening authority (CA) aside, who had been given the authority to approve and enter the agreements to commute the death penalty. “This entitles Mr. Mohammad to have the right to return to square one and litigate this as a capital case.” And, “brings irreparable harm to Mr. Mohammad.”
As a VFM, it is troubling to hear the words “entitle” and “harm” as verbs acting on “Mr. Mohammad.”
After the Presidential inauguration, the Department of Defense Secretary and the Convening Authority will be removed and replaced with selected cabinet members. This will only further delay the case.
As has been the case since these hearings began in 2012, there are no easy answers, no clear and indisputable right way to proceed. Matthew Engle cites “unlawful influence” and “breach of agreement.” There is a provision in Hawsawi’s PTA agreement that if the government breaches the agreement, they get the benefit of de-deathing the case.” In other words, the possibility of capital punishment could never be appealed and applied. This punctuates two evils; Death of the proceedings, or death of the cases? Which to choose? End the proceedings and come to a finality in sentencing or keep the case alive in the highly politicized courts in perpetuity, resulting in no sentencing? At the end of the day, the accused will die. Guilty in sentencing to solitary confinement or not-guilty in present Club Fed detainment until their natural deaths. Checkmate.
At the end of the day’s session at 4:30 PM, Air force Col. Judge McCall made three decisions: 1. Cancel the third week of this session for counsel discussion over the PTA’s. So the the three PTAs will be presented in court tby he week of January 20th or sooner, maybe late December, early January. “I have no problem getting this done (for KSM) through the Christmas-New Year’s week.” He will begin to make phone calls to get these arrangements made. 2. For the two outstanding Temporary Standing Orders (TSOs) to go out, and a third put out tomorrow for the bin ‘Attash agreement. 3. Since Ali’s defense team and the government don’t want a petition of stay to effect progress of the three other PTA’s, therefore consider if the case needs to be severed from the others.
Clay Trivett stated that with this plan in place, he will not ask for the mandamis of stay for the three PTAs.
After a 2:00 PM twenty-minute break, Dr. Michael Welner continued with testimony regarding the defense’s motion to dismiss Ali’s confessions based on alleged torture while in CIA custody. Dr. Welner completed his analysis of Judicially approved medical summaries from Ali’s interrogation programming during 2005-2006 until he was transferred to Guantanamo Bay Naval Base Detention Center on September 6, 2006. Concluding statements referencing all interrogation sessions and medical examinations indicated two highlighted questions: 1. Did Ali show cognitive health issues with signs of pathology in regards to anxiety, depression or psychosis? 2. Did Ali indicate symptoms of PTSD behaviors?
Dr. Welner’s analysis of the summaries reveals that he was in good cognitive and physical health, has suffered no lasting effects from the RDI program and early EIT’s that affected cognition and functioning, and no fear-based anxiety. He was a cooperative, social, and intelligent person who shows signs of a history of ADHD and craved, if not demanded, excessive engagement with medical, intelligence and guard staff. Dr. Welner’s review of the reports from the period 2002-2006 indicate that all statements made by Ali in interrogation and debriefing sessions were thoughtful, true, and valid.
Court ended for the day at 4:30. War Court will commence tomorrow morning at 9:00 AM.
The families met for dinner at O’Kelly’s bar and grille, “The only Irish pub in a Communist Country.” We were entertained with a surprise bagpipe set of American and Irish tunes courtesy of a family member.
© Deborah Garcia, all rights reserved
9/11 PRE-TRIAL HEARINGS – Update: Day 2 / Naval Station Guantanamo Bay, Cuba
Posted on November 9, 2024 Leave a Comment
November 8, 2024
Hello from Guantanamo Bay, Cuba, day 2 of the final three-week session of OMC (Office of Military Commissions) hearings on the 9/11 case..
Today’s session began at 9:00 AM. Present in the courtroom were a reduced number of members from each of the defense and prosecution council teams. The expert forensic witness for the prosecution, Dr. Michael Welner, was present in the remote hearing room (RHR) in Washington, D.C.. Also present were Khalid Shaikh Mohammad (KSM). Ali Abdul Aziz Ali (aka Ammar al Baluchi) observed from the holding cell adjacent to the courtroom.
Housekeeping addressed the judge’s announcement that PTA ‘s (Pre-trial agreements) between the government and KSM would occur among some members of the council teams through the day, while they also worked on similar orders for the other two accused, with the hope to get those out by day’s end in preparation to move forward with guilty pleas. The remaining members of the council were to continue with Michael Welner’s testimony in the court room.
Who is Ali Abdul Aziz Ali (aka Ammar al-Baluchi)? He is a Pakistani national who was captured and detained by Pakistani authorities April 29, 2003. He was quickly transferred to U.S. custody and detained at a CIA black site in Afghanistan. He was transferred to Guantanamo Bay Naval Station Detention Camp September, 2006.
The witness provided testimony based on Judicially-approved CIA summaries of interrogation activities and assessments made by psychiatrists and medical staff at CIA black sites 2 and 5, of Ali’s competency as an informant. Ali’s mental and physical fitness was monitored on a daily basis, tapering to several times weekly over the period of 2003-2005. These “medical” summaries were supported by the presentation of fifteen documents highlighting regular and periodic psychological assessments, interviews and debriefings with Ali. The summaries covered his psychological, medical, and interactive history prior to and during the period of captivity at CIA black sites. Dr. Welner testified that psychiatrists were monitoring if symptoms of PTSD and psychosis had arisen and interfered with Ali’s interrogation performance and participation in EITs.
Judicially-approved CIA summaries of interrogation activities state that Ali appeared alert, well-adjusted and cooperative…
Dr. Welner stated that in the first weeks of interrogations, the EIT’s consisted of sleep deprivation, standing, facial slaps, belly slaps, water dousing, and hydration-only intake. Ali’s resistance waned within the first 36-hours, and he began to give information about the “communication lane” to Osama bin Laden and A-Qaeda operatives. Sleep deprivation EIT was ceased after approximately 85 hours. Upon interview, he provided detailed and appropriate responses and began to cooperate remarkably. The daily medical evaluations found him to be “lucid, oriented to place and time, and truthful. Throughout the interrogation process, Ali was rewarded with privileges including solid food, sleep, a mat, a larger cell, and a chair to sit in during interviews. The intensity of the EIT experience was lessened based on Ali’s continued cooperation. Some summaries found that examinations indicated he was malingering (fabricating) psychological and physical symptoms in order to receive increased social engagement, which he craved intensely. Reportedly, no cognitive, physical, or medical effects were indicated from the EITs. In subsequent interrogations, Ali “willingly” answered questions about Walid bin Attash, who was captured with Ali, on April 29, 2003 in Pakistan, and Khalid Shaikh Mohammad (KSM), captured March 2003 in Pakistan. Both captives who are accused in the planning of the September 11th attacks and detained in Guantanamo Bay.
Through the implementation of EITs (Enhanced Interrogation Techniques) in the CIA’s RDI (Rendition, Detention, Interrogation) program, Ali was being asked about prospective attacks that were imminent in the U.S. and abroad. This was a matter of national and international security.
Reports state that initially, Ali was uncooperative and expected to be caught and tortured. In spite of his expectations, he maintained a resistant posture consistent with “The Manchester Manual,” the expected ethos of al-Qaeda members when in captivity. The Manchester Manual is a set of how-to instructions for resisting interrogation. It was created from resistance-to-interrogation course materials stolen from U.S. Army Special Forces at Fort Bragg, NC, by Ali Mohammed, former Egyptian military officer who had immigrated to the US and enlisted in the US Army Special Forces. He became a valuable al-Qaeda asset, widely circulating the stolen information in multiple languages among Islamic jihadists (Enhanced Interrogation, (Enhanced Interrogation; Inside the Minds and Motives of the Islamic Terrorists Trying to Destroy America” by James E, Mitchell, PhD, 2016 – P. 11). https://irp.fas.org/world/para/manualpart1.html
On June 30, 2003, the interviews with Ali and investigators shifted from interrogation to debriefing sessions. The goals of the RDI program: To access information that could be utilized to identify al-Qaeda members, lanes, and plans related to the September 11th attacks and future-planned activities. The program was designed to cultivate information through ongoing discourse and relationship-building with interviewers. The goal was a transactional one where the debriefers got compliance and Ali got the engagement he craved in a materially comfortable environment. The primary goal being to maintain a bond with him to mitigate anxiety by extinguishing fear, so he’s making choices to voluntarily communicate with debriefers. To extract information in a toxic environment ends a relationship.
Reportedly, no cognitive, physical, or medical effects were indicated from the EITs. In subsequent interrogations, Ali “willingly” answered questions.
Dr. Welner repeatedly elucidated, that Ali was being monitored for depression, anxiety, and psychosis throughout the RDI program. Judicially-approved CIA summaries of interrogation activities state that Ali appeared “alert, well-adjusted and cooperative, especially when discussing his relationship to his Jihadist activity and his religious edicts. His world view reflected his confidence to convert his captors/interviewers to convert to Islam.”
Court recessed at 2:15 to accommodate the lead defense prosecutor for Ali, James Connell, who had to prepare to depart the island tomorrow morning.
To learn more about the implementation and rationale of the CIA’s RDI and EIT operation with captive Al Qaeda operatives in regards to the September 11th attacks and other acts of international terrorism, the following readings are recommended. This is not a complete list of publications of this genre. I have no personal interest or gain from the mention of these texts:
“Enhanced Interrogation; Inside the Minds and Motives of the Islamic Terrorists Trying to Destroy America” by James E, Mitchell, PhD, 2016 / “The Black Banners (Declassified); the Inside Story of 9/11 and the War Against al-Qaeda” by Ali H. Soufan, 2020 / “Doctor, Teacher, Terrorist; The Life and Legacy of Al-Qaeda Leader Ayman Al-Zawahiri” by Sajjan M. Gohel, 2023.
© Deborah Garcia 2024,
9/11 PRE-TRIAL HEARINGS – Update: Day 1 NAVAL STATION GUANTANAMO BAY, CUBA
Posted on November 8, 2024 Leave a Comment
November 7, 2024
Hello from Guantanamo Bay, Cuba. I am attending weeks one and two of the final three-week session of the 9/11 pre-trial hearings. This is my fourth trip in twelve months.
After a three-day threatening weather related delay, the final 2024 session of pre-trial hearings in the 9/11 case, regarding the four (of five) accused terrorists detained in the detention center at the Guantanamo Bay Naval Station, Cuba, has finally commenced.
The docket previously planned for this two to three-week session was set to finally hear testimony from forensic psychologist Dr. Michael Welner, an expert witness called on by the prosecution in 2021 as a consultant to review records and counter the defense arguments to dismiss confession statements made by the accused after their arrival to the military detention center in Guantanamo Bay Naval Base in 2007. The motion to dismiss is based on the CIA’s RDI (Rendition, Detention, and Interrogation) and EIT (Enhanced Interrogation Techniques) practices at black sites throughout the Middle East from 2002-2006. Dr. Welner is the last witness to provide suppression testimony in the pre-trial hearings phase of war court. This testimony is mostly focused on the one accused (Ali/Baluchi- AAA) who has not yet entered a PTA (Pre-trial Agreement). Yesterday, military Judge Matthew N. McCall announced his ruling that the Secretary of Defense, Lloyd Austin, did not have the legal authority to withdraw three 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. This weekend, the three plea deals were re-instated, and the pre-trial phases for the three defendants will end upon their pleas being entered to the court at a date to be set by the Judge.
With the individual plea deals for three out of four of the current detainees pretrial agreements (PTA’s) reinstated, the need for further testimony is eliminated, therefore their pre-trial hearings cease. The remaining detainee, Ali Abdul Ali (AAA), has not entered a PTA, therefore his pre-trial hearings will continue. The fifth accused, Ramzi Bin al Shibh, remains removed from pre-trial hearings due to extreme psychiatric issues.
Today, Dr. Michael Welner began the first of a prospective four to six days of testimony. Court was called into session at 9 AM. KSM, Mustafa Al Hawsawi, Walid Bin ‘Attash, and Ali Abdul Ali were present beside their defense teams. Judge McCall stated that given we were three-days behind, Dr. Welner’s testimony (delayed from the previous session October 7-11 due to Hurricane Milton), takes priority and will proceed through the today, Friday, Sunday, Monday, Tuesday, and likely Wednesday. Plea deal discussions are taking place concurrently among counsel and will be addressed by the court Thursday and/or Friday, addressing KSM’s Pre-trial agreement (PTA), possibly stating his plea and giving a detailed confession of his crimes in the courtroom.
If the detainees die before sentencing, they will be deemed not guilty and repatriated.
Dr, Welner will be reporting with counsel from the Remote Hearing Room (RHM) in Washington, D.C. The day’s testimony primarily consisted of general witness integrity housekeeping, basically a five-hour oral resume, ending with lead defense attorney, Mr. James Connell (Ali Abdul Aziz Ali), repeated objections to the presentation of reference documents utilized by Dr. Welner in his research and conclusive reports. Dr. Welner articulately provided detailed information about his education, experiences, scope of practice, definitions of various forms of psychology practice; clinical psychology, forensic psychology, and pharmacological psychology. In addition, Dr. Welner discussed “disputed confessions” and psychiatric diagnosis’. Disputed confessions include false confessions that fall into several categories including: forced, coerced, internalized, voluntary (for reasons of psychosis and notoriety), and leveraged false confessions. He also discussed various forms of mass homicide including ideological mass homicide, described as large-scale killing in dramatic display for the purpose of media coverage and notoriety, not for the sake of killing. “Finding themselves supported in various ways, their killing is not instrumental unless it involves a spectacle.”
What’s next for the the three accused who have entered PTA’s? Presenting plea deals in this case is like no other case in history. It does not mean that the cases stop, and crucial evidence ceases to be litigated and presented to the court and families. Once the confessions are entered, ending the hearing phase, the trial and sentencing phases become integrated into an extended sentencing phase, because more evidence needs to be presented. Sources indicate that the prosecution gave all evidence and discovery to the court in 2017. Time and circumstance has stretched the presentation and motions to accept and/or dismiss evidence and witness testimony. In addition, the court will present victim impact statements from select family members.
For the three accused with PTA’s, The discovery phase is over. However, the defense still has to present the case for the purpose of jury in attempts to mitigate the validity of convictions and terms of sentencing. Lead prosecutor, Clayton Trivett explains that the accused will argue for terms of the sentence for 12-18-months until sentenced, followed by the sentencing hearings that will take 4+- months. Once this is complete, they are no longer detainees but prisoners. While these “deals” strike out possibility of the death penalty, they offer finality before they die.
Complexities of death penalty sentencing will make it unlikely to occur in any of our lifetimes. If the detainees die before sentencing, they will be deemed not guilty and repatriated.
The prosecution is advocating for 3, 341 years for each of our family members murdered including a calculation of the number of people who have died since. The confinement center at the Guantanamo Bay Naval Base will always be there. The department of Defense (DOD) has restrictions in place to keep the prisoners from transfer to Supermax prison in Colorado. The prisoners will be in solitary confinement without communal activities, (which is what the PTA’s are trying to avoid). This is their likely fate, which is ultimately decided by a military prison corrections committee.
Today’s court session ended at 15:30 (3:30 PM). Court resumes tomorrow at 9 AM.
WHAT VFMs DO WHEN WAR COURT IS CLOSED
Posted on October 8, 2024 Leave a Comment
Good afternoon from JTF- (Joint Task Force) Guantanamo. What do VFM’s (Victim Family Members) do when pretrial hearings are unexpectedly recessed?
Shop for sundries at the NEX. Shop at the Military gift shop for stuffed Iguanas and T-shirts. Tour the @41sq miles of landscape, including abandoned prison sites, on an air-conditioned passenger bus accompanied by cheerful reserves. Tour Radio GTMO and purchase Fidel Castro bobbleheads and T-shirts. Visit the Windward Lighthouse and Museum to explore the history of Guantanamo Bay (land of the Taino people) from Columbus to American Occupation, and pocket a beach-glass souvenir and purchase T-shirts. Tour the immaculate firehouse and buy T-shirts. Visit the Dive Shop and buy an insulated wine tumbler. Tour, explore, and swim the bay and surrounding beaches on a pontoon piloted by the VWAP Rep. and a full reservist concierge, snorkeling gear, and an icy cooler packed with water and whatever we wish to chill. Deepening our burn at one of the beaches. Wash laundry at the complimentary facilities in the Navy Gateway Hotel. Visit Marine Hill, buy T-shirts, and meet the Marines who will escort VFM’s to visit the Northeast Gate, where the entry to the Naval base and Cuba is guarded by the Marine Corp.
We vote whether to eat at the Galley, Bayview, or O’Kelly’s Irish Pub. And, perhaps stroll over to the Gourmet Bean Café for a cappuccino, pastry, and ice cream.
We also meet with the prosecution and defense teams to hear details of the current and anticipated hearings, witnesses, and “extraordinary” cirumstantials. Having the opportunity to ask questions, express concerns or grievances, and hear the questions posed by fellow VFM’s is paramount to the state-side remote hearing site experience, exclusive to the 9/11 community.
The most important and enriching activity VFM’s benefit from during off times at war court, is the engagement we have with each other in safe spaces and in the company of the wonderful staff counselor who share’s our journey.
It is the downtime on the patio, overlooking the bay, sharing our common and unique 9/11 experiences, where new connections are made with VFM’s outside of our intimate demographic circles.
All of the above is made possible and palatable by the compassionate staff of the VWAP (Victim Witness Protection Program) based in Washington DC, Guantanamo Bay, Cuba, and at select bases scattered along the East Coast. They make it possible for VFM’s to witness and be active participants at war court, in the battle for justice for the ceaseless murder of our loved ones, and still be okay.
JTF-GTMO is a blurred spot on the map in the Caribbean Sea where the most heinous terrorists in global history are detained, rulings are contested, and witnesses are sequestered for the murders of our loved one’s 23-years ago. It’s also where VFM’s bring their unique stories about the one, single day that has bound us together.
© Deborah Garcia 2024, all rights reserved
VOICES 2024 NYC SYMPOSIUM
Posted on September 9, 2024 Leave a Comment
Domestic and international mass violence and terrorism are a steady presence in our daily lives. Click the link below to hear conversations about government and outreach programs that serve to address counterterrorism strategy and community support.
MOTHERS FOR DIGNITY RETREAT
Posted on September 1, 2024 Leave a Comment
4-day Retreat for support and healing / Connecting mothers who have lost a child by mass violence / Peer community of understanding.
It is heartening to witness how we help each other.
Find out more and Register here by email contact to Kathy Murphy.
