As of 9/18/2024

On September 18, 2024, the following documents were filed:

AE942III (AAA): Defense Notice Pursuant to MCRE 505(g)(1)(A)

AE942KKK (AAA): Mr. al Baluchi’s Notice of Discovery

AE962C (KSM): In-Court Submission (Statement of Understanding)

AE962D (WBA): In-Court Submission (Statement of Understanding)

AE962E (MAH): In-Court Submission (Statement of Understanding)

Copies of these files may be made available upon the completion of a security review.

On August 28, 2024, the following document was filed and is now posted:

AE958A: CORRECTED COPY – Notice of Ex Parte/Under Seal Ruling and Protective Order

On September 4, 2024, the following document was filed and is now posted:

AE942CCC (AAA): CORRECTED COPY* - Mr. al Baluchi’s Notice of Discovery

On September 10, 2024, the following document was filed and is now posted:

AE961A: TRIAL CONDUCT ORDER - Press Movant’s Motion To Intervene and for Public Access

On September 11, 2024, the following document was filed and is now posted:

AE960O: EXPEDITED BRIEFING ORDER - Defense Notice of Objection to Government Notice of Proffer of Testimony for Dr. Michael Welner

On September 16, 2024, the following documents were filed and are now posted:

AE956G (WBA): Notice of Under Seal Filing

AE958B: Notice of Ex Parte/Under Seal Order

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 9/17/2024

On September 17, 2024, the following documents were posted:

AE440DDD: Joint Motion to Extend Evidentiary Motions Deadline Established in AE 440TT

AE480GG: Government Bench Memorandum Regarding Invocation of the Privilege Against Self-Incrimination

Copies of these files are now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 9/17/2024

On September 17, 2024, the following documents were posted:

Unofficial/Unauthenticated 803 Transcript of the KSM et al. (2) Motions Hearing Dated 2/13/2024 from 10:27 AM to 4:54 PM

AE561GG (AAA): Defense Notice Pursuant to MCRE 505(g)(1)(A)

AE562DD: RULING - Pursuant to Military Commission Rule of Evidence 505(h) and Rule for Military Commissions 806(b)(2)

AE631-18 (MFL)(GOV): Government Motion For Leave to File Out of Time Response to AE 631NNN (WBA), Mr. Bin ‘Attash’s Motion to Accept Stipulation

AE656Y (AAA): Mr. al Baluchi’s Notice of Decision by the United Kingdom Central Authority

AE767A (AAA): Defense Notice Pursuant to MCRE 505(g)(1)(A)

AE767C: Military Judge Ruling Pursuant to Military Commission Rule of Evidence 505(h) and Rule for Military Commissions 806(b)(2)

AE926B (AAA Amend): Mr. al Baluchi's Amended Reply to Government Response to Motion to Dismiss All Charges for Unlawful Influence by Members of Congress

AE950C (GOV): Government Notice Of U.S. Naval Station Guantanamo Bay COVID-19 Mitigation Measures

AE959 (AAA): Mr. al Baluchi’s Motion to Dismiss Due to the Secretary of Defense’s Interference with the Convening Authority’s Discretion

AE960L (GOV): Government Motion For Authorization for Trial Counsel Participation from Remote Hearing Room

AE960M: RULING - Government Motion For Authorization for Trial Counsel Participation from Remote Hearing Room

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 9/17/2024

On September 17, 2024, the following document was posted:

AE262D: OMNIBUS RULING Defense Motions to Preadmit Sentencing Evidence (AE 260, AE 261, AE 262, AE 265)

A copy of this file is now available on the Abd al Hadi al-Iraqi Military Commissions Case page of this website.

As of 9/17/2024

On September 12, 2024, the following document was filed:

AE942EEE (AAA): CORRECTED COPY* - Defense Notice of Exhibits

Additionally, on September 16, 2024, the following documents were filed:

AE960P (GOV): Government Response To Mr. Ali’s Notice of Objection to Government Notice of Proffer of Testimony of Dr. Michael Welner

AE655E (GOV): Government Motion To Reconsider AE 655D, Ruling, Government Motion to Compel Mental Health Evaluations

Copies of these files may be made available upon the completion of a security review.

As of 9/16/2024

On September 16, 2024, the following document was filed:

AE584: Defense Motion to Abate the Proceedings

A copy of this file may be made available upon the completion of a security review.

On September 13, 2024, the following document was filed and is now posted:
 
AE569F: Ruling and Order, Government Motion to Extend the Deadline to Respond to AE 569, Defense Motion to Exclude “Other Statements” Allegedly Made by Mr. Al-Nashiri from 2006-2009 (AE 569).

A copy of this file is now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 9/16/2024

On September 13, 2024, the following document was filed:

AE956F (WBA): Mr. bin ‘Atash’s Motion to Schedule Entry of Pleas Pursuant to R.M.C. 910

A copy of this file may be made available upon the completion of a security review.

As of 9/13/2024

On September 13, 2024, the following documents were filed:

AE003T (GOV): Trial Counsel Detailing Memorandum

AE942GGG (GOV): Government Motion to Request Clarification Regarding Disposition of Witnesses Requested Within AE 628B (AAA), Mr. Ali’s Motion to Compel Witnesses in Support of Mr. Ali’s Motion to Suppress

Copies of these files may be made available upon the completion of a security review.

As of 9/13/2024

On September 13, 2024, the following documents were filed:
 
AE166J: Government Notice of Good Cause to Provide Notice of Basis of Admissibility for Hearsay Evidence Under M.C.R.E. 803(b)

AE480KK: Government Response to the Purported Invocation of Mr. Bin ‘Attash and Motion to Order His Attendance at the Next Session of the Commission

Copies of these files may be made available upon the completion of a security review.

As of 9/12/2024

On September 12, 2024, the following documents were filed:

AE942EEE (AAA): Defense Notice of Exhibits

AE942FFF: Ruling - Government Motions to Compel Production of Data Relied Upon by Dr. Gur (AE 628JJJJJJ (GOV)) and Dr. Shea (AE 628LLLLLLLLL (GOV))

AE959D (AAA): Mr. al Baluchi’s Reply to Government Response to Motion to Dismiss Due to the Secretary of Defense’s Interference with the Convening Authority’s Discretion

Copies of these files may be made available upon the completion of a security review.

As of 9/11/2024

On October 12, 2023, the following document was filed and is now posted:

AE0024.054 (TJ): Order Government Monthly Update Process

On September 11, 2024, the following documents were posted:

AE0076.001 (NUR): Defense Motion to Dismiss For Lack of Subject-Matter Jurisdiction, or Alternatively, the Failure of the Charge Sheet to Satisfy the Armed Conflict and Nexus Requirements of 10 U.S.C. § 950p(c) and International Law

AE0081.011 (NUR): Defense Motion to Amend AE 0081.010 (TJ) – Litigation Schedule (NUR)

AE0088.002 (GOV): Government Response To AE 0088.001(NUR), Defense Motion to Dismiss the Charges for Lack of Jurisdiction Because the Military Commissions Act is Unconstitutional and was Void Ab Initio

AE0088.003 (NUR): Defense Reply to AE 0088.02 (GOV), Government Response to Defense Motion to Dismiss the Charges for Lack of Jurisdiction Because the Military Commissions Act is Unconstitutional and was Void Ab Initio

Copies of these files are now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 9/10/2024

On September 10, 2024, the following documents were posted:

AE018OO (MAH Sup): Mr. Hawsawi’s Unclassified Notice of Classified Filing

AE133BBB (GOV): Government Notice Of Compliance In Accordance with AE 133AAA, Order

AE330-19 (MFL)(GOV): Government Third Motion For Extension of Time to Comply with AE 330O, Ruling, Defense Motion to Compel Production of Complete, Unredacted Medical Records, Paragraph 5

AE333 (MAH Sup Amended): Mr. Hawsawi's Unclassified Notice of Classified Filing

AE360P (GOV): Government Notice of Filing of Declaration Ordered in AE 360O, Order, Para. 6.a.

AE399 (WBA 2nd Sup): Mr. bin 'Atash's Second Supplement to Defense Motion to Compel JTF-GTMO to Permit In-Person Visitation between Mr. bin 'Atash and Members of his Family

AE692Z (GOV): Government Notice Of Classification Guidance Memorandum Pertaining to Testimony from First Camp VII Commander

AE914X (KSM): Mr. Mohammad’s Reply to Government Response To AE 914S (KSM), Mr. Mohammad’s Motion To Defer Testimony of SA Francis Pellegrino and IA Brian Antol until the Government has Fulfilled its Discovery Obligations, and to Make Them Available for In-Person Cross-Examination in the Event of Their Testimony

AE950DDD: RULING AND ORDER - Pursuant to Military Commission Rule of Evidence 505(h) and Rule for Military Commissions 806(b)(2)

AE960A (GOV): Government Notice Of Proffer of Testimony for Witness

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 9/10/2024

On September 10, 2024, the following document was posted:

AE034: Government Motion to Protect Against Disclosure of National Security Information

A copy of this file is now available on the Majid Shoukat Khan Military Commissions Case page of this website.

As of 9/10/2024

On September 10, 2024, the following document was posted:

AE918E (RBS): Mr. Bin al Shibh’s Twenty-Seventh Status Update Pursuant to AE 152FFFF

A copy of this file is now available on the Ramzi Bin al Shibh Military Commissions Case page of this website.

As of 9/10/2024

On September 10, 2024, the following documents were posted:

AE319HH: Defense Unclassified Notice of Classified Filing: Defense Motion to Compel Witnesses in Support of AE 166/AE 319 Evidentiary Hearing

AE339VV: Application for Withdrawal as Detailed Defense Counsel: LCDR Alaric A. Piette

AE467WW: Defense Notice of Filing UN Report for the Commission’s Consideration in Resolving AE 467

AE481YY: Government Brief in Lieu of Oral Argument

AE534K: Government In-Court Submission

AE534M: Defense In-Court Submission

AE542: Defense Motion for a Hearing and to Exclude the Testimony of Dr. Michael Welner Pursuant to M.C.R.E. 702 and Daubert v. Merrell Dow Pharm., Inc., 509 US. 579 (1993)

AE545B: Defense Notice of M.C.R.E. 505(g) Conference with Government Pursuant to AE 545

AE558A: Government Motion for Extension of time to File a Response to AE 558 Defense Motion to Compel Identities of Camp 7 Personnel

AE559A: Government Response To AE 559, Defense Motion to Defer M.C.R.E. 505 Rulings

AE574A: Defense Response to Government Motion to Admit Tangible Items Collected On or Near the USS Cole

AE581A: Government Response To AE 581, Defense Motion to Establish the Commission’s Position on the Applicability of Confrontation Clause of the Sixth Amendment to this Capital Case, and to Reconsider AE 109F and AE 319EEEE in Light of That Decision

AE581B: Defense Reply to Government Response To AE 581, Defense Motion to Establish the Commission’s Position on the Applicability of Confrontation Clause of the Sixth Amendment to this Capital Case, and to Reconsider AE 109F and AE 319EEEE in Light of That Decision

Copies of these files are now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 9/10/2024

On September 10, 2024, the following documents were posted:

AE254A: Government Response To Defense Motion to Exclude Evidence and Testimony Outside the Scope of R.M.C. 1001(b)

AE258A: Defense Notice Pursuant to AE 233E, Para. 5

AE260D: OMNIBUS RULING Defense Motions to Preadmit Sentencing Evidence (AE 260, AE 261, AE 262, AE 265)

AE261D: OMNIBUS RULING Defense Motions to Preadmit Sentencing Evidence (AE 260, AE 261, AE 262, AE 265)

AE262D: OMNIBUS RULING Defense Motions to Preadmit Sentencing Evidence (AE 260, AE 261, AE 262, AE 265)

AE265B: OMNIBUS RULING Defense Motions to Preadmit Sentencing Evidence (AE 260, AE 261, AE 262, AE 265)

AE270: Unopposed Defense Motion For Judicial Notice of Adjudicative Facts

AE274C: Government Reply To Defense Response to Government Motion to Compel Production of Accused’s Psychotherapist-Patient Communications and Mental Health Records

AE275A: Government Motion For Proposed Group and Individual Voir Dire Questions

AE276: Government Notice Pursuant to AE 233E (Government Potential Rebuttal Evidence)

AE278E: Ruling – Government Motion in Limine to Determine the Admissibility of Government Rebuttal Evidence

Copies of these files are now available on the Abd al Hadi al-Iraqi Military Commissions Case page of this website.

As of 9/10/2024

On September 26, 2022, the following document was filed:

AE166F: Defense In-Court Submission

A copy of this file may be made available upon the completion of a security review.

Additionally, on September 10, 2024, the following document was posted:

AE481MM: Government Unclassified Notice of Ex Parte, In Camera, Under Seal Classified Filing

A copy of this file is now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 9/9/2024

On September 9, 2024, the following documents were filed:

AE942DDD (GOV): Government Notice Of Exhibits

AE960M: RULING - Government Motion For Authorization for Trial Counsel Participation from Remote Hearing Room

AE960N (AAA): Defense Notice of Objection to Government Notice of Proffer of Testimony for Witness

AE961 (PRESS): Press Motion to Intervene and for Public Access

Copies of these files may be made available upon the completion of a security review.

As of 9/9/2024

On September 6, 2024, the following document was filed and is now posted:

AE0079.012 (TJ): NOTICE OF EX PARTE/UNDER SEAL ORDER

On September 9, 2024, the following documents were filed and are now posted:

AE0017.234 (TJ): NOTICE OF EX PARTE AND IN CAMERA/UNDER SEAL CLASSIFIED ORDER

AE0017.235 (GOV): Government’s Unclassified Notice Of Ex Parte, In Camera, Under Seal Classified Filing

AE0017.236 (TJ): RULING - Approval of Substitutions and Other Relief from Discovery of Classified Information

AE0024.066 (GOV): Government’s Monthly Status Update For Discovery Subject to 10 U.S.C. § 949p-4 and M.C.R.E. 505(f)

Copies of these files are now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 9/9/2024

On September 6, 2024, the following document was filed:
 
AE569E: Government Motion to Extend the Deadline to Respond to AE 569, Defense Motion to Exclude “Other Statements” Allegedly Made by Mr. Al-Nashiri from 2006–2009

On September 9, 2024, the following document was filed:

AE480JJ: Defense Notice in Response to Mr. Bin-‘Attash’s Position on Waiver of His Right Against Self-Incrimination

Copies of these files may be made available upon the completion of a security review.

As of 9/9/2024

On September 9, 2024, the following document was filed:

AE0089.013 (TJ): RULING - Defense Motion for Continuance

A copy of this file may be made available upon the completion of a security review.

As of 9/9/2024

On September 6, 2024, the following documents were filed and are now posted:

AE955E (AAA): Mr. al Baluchi’s Response to AE 955D / AE 956B / AE 957C Specified Issues Order Actions of a Superior Convening Authority Pursuant to Military Commissions Act

AE955F (GOV): Government Response To Specified Issue Order: Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE955G (GOV): Government Consolidated Response To AE 955C (KSM) and AE 957B (MAH), Defense Motions to Schedule Entry of Pleas

AE955H (KSM MAH): Mr. Mohammad and Mr. al Hawsawi’s Response to Specified Issues In Accordance with AE 955D / AE 957C Specified Issue Order Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE956C (AAA): Mr. al Baluchi’s Response to AE 955D / AE 956B / AE 957C Specified Issues Order Actions of a Superior Convening Authority Pursuant to Military Commissions Act

AE956D (GOV): Government Response To Specified Issue Order: Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE957D (AAA): Mr. al Baluchi’s Response to AE 955D / AE 956B / AE 957C Specified Issues Order Actions of a Superior Convening Authority Pursuant to Military Commissions Act

AE957E (GOV): Government Consolidated Response To AE 955C (KSM) and AE 957B (MAH), Defense Motions to Schedule Entry of Pleas

AE957F (GOV): Government Response To Specified Issue Order: Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE957G (KSM MAH): Mr. Mohammad and Mr. al Hawsawi’s Response to Specified Issues In Accordance with AE 955D / AE 957C Specified Issue Order Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 9/6/2024

On September 6, 2024, the following documents were filed:

AE956E (WBA): Mr. bin ‘Atash’s Response to Specified Issue Order

AE960L (GOV): Government Motion For Authorization for Trial Counsel Participation from Remote Hearing Room

AE959C (GOV): Government Response To Mr. Ali’s Motion to Dismiss Due to the Secretary of Defense’s Interference With the Convening Authority’s Discretion

Copies of these files may be made available upon the completion of a security review.

On August 29, 2024, the following documents were filed and are now posted:

AE705-13 (MFL)(GOV): Government Motion For Extension of Time to File a Response to AE 705 (MAH 2nd Sup), Defense Supplement to Defense Motion to Compel Discovery (Location 6 and Camp 7 SOPs and Correspondence)

AE705-14 (RUL)(GOV): RULING - Government Motion for Extension of Time to File a Response to AE 705 (MAH 2nd Sup), Defense Supplement to Defense Motion to Compel Discovery (Location 6 and Camp 7 SOPs and Correspondence)

AE959B (MAH): Mr. Hawsawi’s Notice of Under Seal Filing

On August 30, 2024, the following document was filed and is now posted:

AE960 (Amend): AMENDED DOCKET ORDER 16 September – 18 October 2024 Hearing Session

On September 3, 2024, the following document was filed and is now posted:

AE960F (KSM): Mr. Mohammad’s Motion To Permit the Absence of Counsel

On September 5, 2024, the following documents were filed and are now posted:

AE960G (MAH): Mr. al Hawsawi’s Motion for Authorization for Counsel to Appear from the Remote Hearing Room (RHR)

AE960I: RULING - Mr. Mohammad’s Motion To Permit the Absence of Counsel

AE960J: RULING - Mr. bin ‘Atash’s Motion to Permit Absence Of Detailed Defense Counsel From Courtroom #2, at NSGB, and Participation From the Remote Hearing Room

AE960K: RULING - Mr. al Hawsawi’s Motion for Authorization for Counsel to Appear from the Remote Hearing Room (RHR)

On September 6, 2024, the following document was posted:

AE960E: RULING - Mr. al Baluchi’s Motion For Authorization of Absence of Counsel From Courtroom #2 and Participation From Remote Hearing Room

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 9/6/2024

On September 6, 2024, the following document was filed and is now posted:
AE166I: ORDER

A copy of this file is now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 9/5/2024

On September 5, 2024, the following document was filed:

AE960H (WBA): Mr. bin ‘Atash’s Motion to Permit Absence of Detailed Defense Counsel From Courtroom #2, at NSGB, and Participation From the Remote Hearing Room

A copy of this file may be made available upon the completion of a security review.

As of 9/5/2024

On September 5, 2024, the following documents were filed:

AE0004.043 (NUR): Motion for Excusal of Detailed Defense Counsel

AE0057.008 (TJ): RULING - Defense Motions to Strike Defective Common Plan Language and to Strike Conspiracy as a Mode of Liability

AE0063.008 (TJ): RULING - Defense Motions to Strike Defective Common Plan Language and to Strike Conspiracy as a Mode of Liability

Copies of these files may be made available upon the completion of a security review.

On September 5, 2024, the following document was filed and is now posted:

AE0079.011 (NUR): Defense Notice of Ex Parte/Under Seal CUI Filing

A copy of this file is now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 9/5/2024

On September 3, 2024, the following document was filed:

AE0081.015 (NUR): Defense Objection to Government Documentary Evidence Listed in AE 0081.012 (GOV)

On September 4, 2024, the following document was filed:

AE0089.012 (GOV): Government Response To Defense Motion for Continuance

Copies of these files may be made available upon the completion of a security review.

As of 9/4/2024

On September 3, 2024, the following document was filed and is now posted:

AE0017.233 (GOV): Government’s Unclassified Notice of Ex Parte, In Camera, Under Seal Classified Filing

On September 4, 2024, the following document was filed and is now posted:

AE0089.011 (NUR): Defense Motion for Continuance

Copies of these files are now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 9/4/2024

On September 4, 2024, the following document was posted:

Unofficial/Unauthenticated 803 Transcript of the Al Nashiri (2) Motions Hearing Dated 8/23/2024 from 9:01 AM to 1:57 PM

A copy of this file is now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 9/4/2024

On September 4, 2024, the following documents were posted:

Unofficial/Unauthenticated 806 Transcript of the KSM et al. (2) Motions Hearing Dated 7/29/2024 from 11:03 AM to 5:57 PM

Unofficial/Unauthenticated 806 Transcript of the KSM et al. (2) Motions Hearing Dated 7/30/2024 from 9:06 AM to 4:25 PM

Unofficial/Unauthenticated 806 Transcript of the KSM et al. (2) Motions Hearing Dated 7/31/2024 from 9:02 AM to 1:12 PM

Unofficial/Unauthenticated 806 Transcript of the KSM et al. (2) Motions Hearing Dated 8/2/2024 from 8:59 AM to 11:19 AM

Unofficial/Unauthenticated 806 Transcript of the KSM et al. (2) Motions Hearing Dated 8/9/2024 from 8:59 AM to 9:33 AM

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 9/4/2024

On September 4, 2024, the following documents were filed:

AE942CCC (AAA): Mr. al Baluchi’s Notice of Discovery

AE950GGG (GOV): Government Notice In Accordance With AE 950VV, Order, To Identify Location of Original Documents

Copies of these files may be made available upon the completion of a security review.

As of 9/3/2024

On September 3, 2024, the following document was filed:

AE0081.014 (NUR): Defense Notice  of Witnesses and Documentary Evidence Pursuant to AE 0081.010 (TJ)

A copy of this file may be made available upon the completion of a security review.

Additionally, on September 3, 2024, the following document was filed and is now posted:

AE0089.010 (NUR): Defense Motion Request for RMC 802 Conference

A copy of this file is now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 9/3/2024

On September 3, 2024, the following documents were posted:

AE207B: Defense Reply to To Government Response to Defense Motion to Dismiss Because of Pervasive Judicial Conflicts

AE214ZZ: Government Notice to the Defense and the Commission Pursuant to AE 214OO

AE258A: Defense Notice Pursuant to AE 233E, Para. 5

AE267B: Defense Motion Regarding Sentencing Instructions

AE272: Defense Motion for Preadmission of Defense Exhibits for Mitigation and Extenuation (Expert Reports)

AE272C: Defense Notice With Regards To Sentencing Exhibits

AE280C: Defense Notice Pursuant to MCRE 505(g) With Regard to Testimony and Argument during the May 2024 Hearing

AE285G: Government Response to Defense Oral Motion for Appropriate Relief – Government Intrusion into Defense-Privileged Area

Copies of these files are now available on the Abd al Hadi al-Iraqi Military Commissions Case page of this website.

As of 9/3/2024

On September 3, 2024, the following document was posted:

AE935 (GOV): Government Notice Of Standard Operating Procedures Applicable to Attorney-Client Meetings Within the Expeditionary Legal Complex

A copy of this file is now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 9/3/2024

On September 3, 2024, the following documents were posted:

AE284E (WBA): Notice of Classified Filing

AE524-37 (GOV): Government Response To Mr. Bin 'Attash's Motion to Extend Deadline to File Motion to Suppress as Ordered in AE 524LLL (RUL)

AE628SSSSSS (AAA): Mr. al Baluchi's Notice Pursuant to MCRE 505(g)(l)(A)

AE651G (AAA GOV): (U) Mr. al Baluchi and Government Joint Status Update

AE878E (AAA): Mr. al Baluchi’s Notice of Declination of Joinder to AE 878 (MAH)

AE925 (KSM): Mr. Mohammad’s Motion to Compel Discovery Regarding Interagency Coordination

AE942BBB: RULING AND ORDER - Pursuant to Military Commission Rule of Evidence 505(h) and Rule for Military Commissions 806(b)(2)

AE942X (AAA): In Court Submission (Classified Placeholder)

AE952-1 (MFL)(GOV): Government Motion For Extension of Time to Submit a Brief In Accordance With AE 952, Order, Specified Issues to be Briefed Invocation of Classified Information Privilege

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 9/3/2024

On September 3, 2024, the following document was posted:

AE034: Government Motion to Protect Against Disclosure of National Security Information

A copy of this file is now available on the Majid Shoukat Khan Military Commissions Case page of this website.

As of 9/3/2024

On July 26, 2024, the following documents were filed:

- (66) 13-005-066 Khadr - defendant's petition for mandamus writ directing convening authority to refer his case to the CMCR for apppellate review, arguing convening authority's failure to do so obstructed CMCR's ability to discharge its statutory duty under 18 USC 950f(d) for plenary review of "the entire record"

- (67) 13-005-067 Khadr - VOLUME 1 of petitioner Khadr's APPENDIX in support of his petition for a mandamus writ

- (68) 13-005-068 Khadr - VOLUME 2 of petitioner Khadr's APPENDIX in support of his petition for a mandamus writ

- (69) 13-005-069 Khadr - VOLUME 3 of petitioner Khadr's APPENDIX in support of his petition for a mandamus writ

On July 31, 2024, the following document was filed:

-  (70) 13-005-070 Khadr - court's ORDER designating panel of JJ Pollard, Richardson, and Holifield

On August 2, 2024, the following document was filed:

- (71) 13-005-071 Khadr - court's brief scheduling ORDER

On August 9, 2024, the following documents were filed:

- (72) 13-005-072 Khadr - defendant (petitioner) Khadr's amended petition for a writ of mandamus directing the convening authority to refer his case to the CMCR for appellate review, arguing convening authority's failure to do so obstructed CMCR's ability to discharge its statutory duty under 18 USC 950f(d) for plenary review of "the entire record," and which was filed to meet the court's citation requirements for filings

- (73) 13-005-073 Khadr - defendant's (petitioner's) motion to attach his supplemental appendix in support of his amended peition for a writ of mandamus

- (74) 13-005-074 Khadr - VOLUME 1 of petitioner (defendant) Khadr's SUPPLEMENTAL APPENDIX in support of his amended petition for a mandamus writ

- (75) 13-005-075 Khadr - VOLUME 2 of petitioner (defendant) Khadr's SUPPLEMENTAL APPENDIX in support of his petition for a mandamus writ

- (76) 13-005-076 Khadr - VOLUME 3 of petitioner (defendant) Khadr's SUPPLEMENTAL APPENDIX in support of his petition for a mandamus writ

On August 26, 2024, the following documents were filed:

- (77) 13-005-077 Khadr - government's opposition to amended petition for a mandamus writ, arguing Khadr cannot satisfy all Conditions for issuance under Cheney v. U.S. District Court, 542 U.S. 367, 380 (2004), stating on Cheney Condition 1, Khadr arguably lacks an alternative means for relief because he waived his appeal rights and the Court of Appeals found his waiver was knowing, intelligent, voluntary, and unambiguous, Khadr v. United States, 67 F.4th 413, 424 (D.C. Cir. 2023); and he also cannot establish a clear and indisputable right to writ  issuance and mandamus is not appropriate under Cheney Conditions 2 and 3

- (78) 13-005-078 Khadr - government's motion to file an outsized 45-page answer to defense's amended mandamus petition

- (79) 13-005-079 Khadr - government's motion to supplement the record and attach document's in its appendix

- (80) 13-005-080 Khadr - VOLUME 1 of government's APPENDIX in support of its opposition to the defense amended mandamus petition

- (81) 13-005-081 Khadr - VOLUME 2 of government's APPENDIX in support of its opposition to the defense amended mandamus petition

Copies of these files may be made available upon the completion of a security review.

As of 8/30/2024

On August 30, 2024, the following documents were filed:

AE166H: Seventh Notice to The Defense of The Government’s Intention To Offer Certain Items Of Corroborated, Lawfully Obtained, Probative, And Reliable Hearsay Evidence Where The Declarants Are Unavailable, Hostilities Pose Unique Circumstances, And Admission Is In The Interest Of Justice

AE554L: Defense Notice of Hiring and Onboarding Updates for Ms. Allison Miller

Copies of these files may be made available upon the completion of a security review.

On August 29 2024, the following document was filed and is now posted:
 
AE275B: Government Unclassified Notice of Ex Parte, In Camera, Under Seal Classified Filing

A copy of this file is now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 8/30/2024

On August 30, 2024, the following documents were filed:

AE960D: RULING - Defense Notice of Objection to Government Notice of Proffer of Testimony for Dr. Thomas Guilmette

AE960E: RULING - Mr. al Baluchi’s Motion For Authorization of Absence of Counsel From Courtroom #2 and Participation From Remote Hearing Room

Copies of these files may be made available upon the completion of a security review.

As of 8/30/2024

On November 20, 2023, the following document was filed:

AE0070.002 (GOV): Government Response To Defense Motion for Appropriate Relief Regarding Defense Linguist’s Curriculum Vitae

On December 26, 2023, the following document was filed:

AE0071.008 (NUR): Defense Motion for Leave to Reply to Government Response to AE 0071.002 (NUR), Defense Motion For Preliminary Injunction Enjoining Use of Torture-Derived Evidence Until a Ruling Is Issued for AE 0071.001 (NUR), Defense Motion to Preclude Use of Torture-Derived Evidence in Upcoming Depositions

On December 27, 2023, the following document was filed:

AE0071.010 (NUR): Defense Motion for Extension of Time to File Reply to AE 0071.007 (GOV), Government Response to AE 0071.001 (NUR), Defense Motion to Preclude the Use of Torture-Derived Evidence in Upcoming Depositions

On August 30, 2024, the following document was filed:

AE0090.003 (NUR): Defense Reply to Government Response to Defense Motion to Compel Discovery of the Senate Select Committee on Intelligence’s 2014 Study of the Central Intelligence Agency's Detention and Interrogation Program and Related Documents

Copies of these files may be made available upon the completion of a security review.

As of 8/30/2024

After a further review, the following document was posted:

AE630CCCCC (KSM): In Court Submission (Classified Placeholder)

Also, on August 30, 2024, the following documents were posted:

AE692GG: ORDER Pursuant to Military Commission Rule of Evidence 505(h) and Rule for Military Commissions 806(b)(2)

AE915A (GOV): Government Unclassified Notice Of Classified Filing

AE926E (GOV): Government Response To AE 926D (AAA), Mr. Ali ’s Motion to Compel Production of Discovery Regarding Unlawful Influence by Members of Congress

AE950BBB: Email Between TJ and Parties

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 8/30/2024

On June 13, 2024, the following document was filed:

- (21) 23-005-021 Nashiri - government's notice of decision in United States v. Elsheikh, 103 F.4th 1006 (4th Cir. June 7, 2024 (per curiam), in which Elsheikh appealed the admissibility of certain evidence and the court affirmed the convictions and sentences

Additionally, on August 7, 2024, the following document was filed:

- (22) 23-005-022 Nashiri - government's notice of Connell v. United States, No. 23-5118, 2024 U.S. App. LEXIS 19561 (D.C. Cir. Aug. 6, 2024), affirming judgment regarding Central Intelligence Agency's (CIA) issuance of a Glomar response to a Freedom of Information Act request for information about CIA "operational control" at Guantanamo Bay from September 2006 through January 2007

Copies of these files may be made available upon the completion of a security review.

As of 8/29/2024

On August 27, 2024, the following document was filed and is now posted:

AE0017.232 (TJ): Ruling Government Motion Requesting Withdrawal of Specified Motions

Also, on August 28, 2024, the following document was filed and is now posted:

AE0089.009 (TJ): Ruling Defense Motion to Authorize Defense Counsel’s Absence from September 2024 Hearing and Extension of the Courtroom to the Remote Hearing Room

Finally, on August 29, 2024, the following document was filed and is now posted:

AE0004.042 (NUR): Defense Notice of Detailing of Counsel

Copies of these files are now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 8/28/2024

On August 13, 2024, the following document was filed and is now posted:

AE926-11 (MFL)(AAA): Mr. al Baluchi’s Motion for Leave to File Out of Time Second Supplement To AE 926 (AAA) Motion to Dismiss All Charges for Unlawful Influence By Members of Congress

On August 14, 2024, the following document was filed and is now posted:

AE926-12 (RUL)(AAA): RULING - Mr. al Baluchi’s Motion for Leave to File Out of Time Second Supplement to AE 926 (AAA) Motion to Dismiss All Charges for Unlawful Influence By Members of Congress

On August 15, 2024, the following documents were filed and are now posted:

AE955-1 (MFL)(GOV): Government Motion For Extension of Time to File a Response to AE 955D, AE 956B, and AE 957C and to Consolidate the Prosecution’s Response with the Defense Motions to Enter Pleas in AE 955C (KSM) and AE 957B (MAH)

AE956-1 (MFL)(Gov): Government Motion For Extension of Time to File a Response to AE 955D, AE 956B, and AE 957C and to Consolidate the Prosecution’s Response with the Defense Motions to Enter Pleas in AE 955C (KSM) and AE 957B (MAH)

AE957-1 (MFL)(Gov): Government Motion For Extension of Time to File a Response to AE 955D, AE 956B, and AE 957C and to Consolidate the Prosecution’s Response with the Defense Motions to Enter Pleas in AE 955C (KSM) and AE 957B (MAH)

On August 16, 2024, the following documents were filed and are now posted:

AE955-2 (RUL)(GOV): Ruling - Government Motion For Extension of Time to File a Response to AE 955D, AE 956B,  and AE 957C and to Consolidate the Prosecution’s Response with the Defense Motions to Enter Pleas in AE 955C (KSM) and AE 957B (MAH)

AE956-2 (RUL)(GOV): Ruling - Government Motion For Extension of Time to File a Response to AE 955D, AE 956B,  and AE 957C and to Consolidate the Prosecution’s Response with the Defense Motions to Enter Pleas in AE 955C (KSM) and AE 957B (MAH)

AE957-2 (RUL)(GOV): Ruling - Government Motion For Extension of Time to File a Response to AE 955D, AE 956B,  and AE 957C and to Consolidate the Prosecution’s Response with the Defense Motions to Enter Pleas in AE 955C (KSM) and AE 957B (MAH)

On August 21, 2024, the following documents were filed and are now posted:

AE950EEE (GOV): Government Unclassified Notice of Ex Parte, In Camera, Under Seal Classified Filing

AE955-3 (MFL)(GOV): Government Motion For Extension of Time to Submit a Brief In Accordance With AE 955D / AE 956B / AE 957C, Specified Issue Order, Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE955-4 (MFL)(Gov): Government Motion For Extension of Time to File Consolidated Response to AE 955C (KSM) and AE 957B (MAH), Defense Motions to Schedule Entry of Pleas

AE955-5 (RUL)(GOV): Ruling Government Motion For Extension of Time to Submit a Brief In Accordance With AE 955D / AE 956B / AE 957C, Specified Issue Order, Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE955-6 (RUL)(GOV): Ruling Government Motion For Extension of Time to File Consolidated Response to AE 955C (KSM) and AE 957B (MAH), Defense Motions to Schedule Entry of Pleas

AE956-3 (MFL)(GOV): Government Motion For Extension of Time to Submit a Brief In Accordance With AE 955D / AE 956B / AE 957C, Specified Issue Order, Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE956-4 (RUL)(GOV): Ruling Government Motion For Extension of Time to Submit a Brief In Accordance With AE 955D / AE 956B / AE 957C, Specified Issue Order, Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE957-3 (MFL)(GOV): Government Motion For Extension of Time to Submit a Brief In Accordance With AE 955D / AE 956B / AE 957C, Specified Issue Order, Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE957-4 (MFL)(Gov): Government Motion For Extension of Time to File Consolidated Response to AE 955C (KSM) and AE 957B (MAH), Defense Motions to Schedule Entry of Pleas

AE957-5 (RUL)(GOV): RULING - Government Motion For Extension of Time to Submit a Brief In Accordance With AE 955D / AE 956B / AE 957C, Specified Issue Order, Actions of a Superior Convening Authority Pursuant to the Military Commissions Act

AE957-6 (RUL)(GOV): Ruling Government Motion For Extension of Time to File Consolidated Response to AE 955C (KSM) and AE 957B (MAH), Defense Motions to Schedule Entry of Pleas

On August 23, 2024, the following document was filed and is now posted:

AE960: DOCKET ORDER 16 September – 18 October 2024 Hearing Session

On August 26, 2024, the following document was filed and is now posted:

AE926-14 (RUL)(GOV): RULING - Government Motion for Extension of Time to File a Response to AE 926 (AAA 2nd Sup)

On August 27, 2024, the following documents were filed and are now posted:

AE631-20 (MFL)(GOV): Government Motion For Extension of Time to File a Response to AE 631NNN (WBA), Mr. Bin ‘Attash’s Motion to Accept Stipulation

AE631-21 (RUL)(GOV): Ruling- Government Motion For Extension of Time to File a Response to AE 631NNN (WBA), Mr. Bin ‘Attash’s Motion to Accept Stipulation

On August 28, 2024, the following documents were filed and are now posted:

AE958A: Notice of Ex Parte/Under Seal Ruling and Protective Order

AE959A (KSM): Mr. Mohammad’s Notice of Under Seal Filing

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 8/28/2024

On August 28, 2024, the following document was filed and is now posted:

AE481CCC: RULING - Government Motion to Request Substitutions and Other Relief (AE 481BBB)

A copy of this file is now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 8/28/2024

On August 27, 2024, the following document was filed:

AE0081.012 (GOV): Government Unclassified Notice of Classified Filing

A copy of this file may be made available upon the completion of a security review.

As of 8/23/2024

On August 23, 2024, the following document was filed:

AE926-13 (MFL)(GOV): Government Motion For Extension of Time to File a Response to AE 926 (AAA 2nd Sup), Supplement to AE 926 (AAA), Mr. Ali’s Motion to Dismiss All Charges for Unlawful Influence by Members of Congress

Also, on August 26, 2024, the following document was filed:

AE950FFF (AAA): Mr. al Baluchi’s Response To AE 950EEE (GOV) Government Unclassified Notice of Ex Parte, In Camera, Under Seal Classified Filing

Finally, on August 27, 2024, the following document was filed:

AE960B (AAA): Defense Notice of Objection to Government Notice of Proffer of Testimony for Dr. Thomas Guilmette

Copies of these files may be made available upon the completion of a security review.

As of 8/27/2024

On August 27, 2024, the following document was filed:
 
AE573E: Ruling, Defense Motion to Compel Witnesses in Support of Its Motion for Appropriate Relief (AE 573C)

A copy of this file may be made available upon the completion of a security review.

Additionally, on August 21, 2024, the following document was filed and is now posted:

AE554K: Fifth Amended Scheduling Order (CY 2024)

A copy of this file is now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 8/27/2024

On August 27, 2024, the following documents were posted:

AE0012.021 (GOV): Government Motion for Modification to AE 0012.020 (TJ)

AE0012.022 (NUR): Mr. Nurjaman’s Response to AE 0012.021 (GOV)

AE0017.217 (TJ): RULING - Approval of Substitutions and Other Relief from Discovery of Classified Information

AE0056.003 (NUR): Def Reply to AE 0056.002 (GOV)

AE0056.006 (NUR): Defense Motion for Leave to File a Supplemental Pleading to AE 0056.001 (NUR)

AE0056.008 (TJ): RULING - Defense Motion to Bar Regulations Burdening Access to Counsel

AE0057.007 (NUR): Defense Notice of Additional Evidence for April 2024 Hearings

AE0058.007 (NUR): Defense Notice of Additional Evidence for April 2024 Hearings

AE0063.007 (NUR): Defense Notice of Additional Evidence for April 2024 Hearings

AE0069.011 (NUR): Defense Notice of Additional Evidence for April 2024 Hearings

AE0071.006 (NUR): Defense Motion to Strike AE 0071.004 (GOV) for Failure to Comply with the Filing Procedures Set Forth in the Trial Judiciary Rules of Court, Rule 3.5

Copies of these files are now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 8/27/2024

On August 27, 2024, the following documents were posted:

AE628VVVVVV (AAA): (U) Defense Notice of Exhibits

AE940I (GOV): Government Notice Of Declaration in Response to AE 940H, Interim Order, Mr. Mohammad’s Notice of Government Breach of Protected Defense Workspaces

AE951C: (U) RULING AND ORDER - (U) Mr. al Baluchi and Mr. Mohammad’s Motion for Procedures Regarding Legal Meetings in Expeditionary Legal Complex Facilities

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 8/27/2024

On August 27, 2024, the following documents were posted:

AE254F: Government Response to Defense Motion to Exclude Evidence and Testimony Outside the Scope of R.M.C. 101(b)

AE260D: OMNIBUS RULING Defense Motions to Preadmit Sentencing Evidence (AE 260, AE 261, AE 262, AE 265)

AE262A (Sup): Government Omnibus Supplement to AE 260A, 261A, and 262A

AE274B: Defense Response to Government Motion to Compel Production of Accused’s Psychotherapist-Patient Communications and Mental Health Records

AE275E: Defense Motion for Individual Voir Dire

Copies of these files are now available on the Abd al Hadi al-Iraqi Military Commissions Case page of this website.

As of 8/27/2024

On August 27, 2024, the following documents were posted:

- (7) 23-005-007 Nashiri - VOLUME 4 of government's APPENDIX in support of its appeal 

- (13) 23-005-013 Nashiri - Defense's motion requesting to file a 50-page brief

Copies of these files are now available on the Al Nashiri (23-005) U.S. Court of Military Commission Review Case page of this website.

As of 8/27/2024

On August 27, 2024, the following documents were posted:

- (1) 23-004-001 -  Defense's petition for a mandamus writ asks the CMCR to vacate military judge Larson's ruling from November 4, 2021 (Appellate Exhibit 0002.043 (TJ)), which denied a motion about adequacy of translation on arraignment, and to direct the commission to properly arraign petitioner:  arguing  incompetency in simultaneous translation, bias of the translator, and lack of attorney/client confidentiality in use of government-provided translators, in violation of Rules for Military Commissions 804 and 904, Regulation for Trial by Military Commission 7-3, 10 U.S.C. section 9481(b), and the Sixth Amendment right to counsel

- (2) 23-004-002 - Defense amended petition for a mandamus writ correcting a date

- (6) 23-004-006 - Government's opposition to defense's mandamus petition, arguing that defense has not met the three Cheney factors, 542 U.S. 367 (2004), because (i) he has an alternative means of obtaining relief by filing a direct appeal after final judgment, (ii) he cannot show a clear and indisputable right to issuance of the writ because his arraignment was legally sufficient--having met the fundamental fairness standard, the commission's findings of fact undermine defendant's claims, and cited authority do not support his claims, and (iii) mandamus is not appropriate under the circumstances because the writ is not a substitute for the normal appellate process and the case does not present an issue of first impression 

- (8) 23-004-008 - PART 2 of government's APPENDIX of documents for opposition to mandamus petition, 1 of 3 files

- (8) 23-004-008 - PART 2 of government's APPENDIX of documents for opposition to mandamus petition, 2 of 3 files

- (8) 23-004-008 - PART 2 of government's APPENDIX of documents for opposition to mandamus petition, 3 of 3 files

- (10) 23-004-010 - Defense's supplemental APPENDIX of documents for his reply to the government's opposition to his mandamus petition

Copies of these files are now available on the Mohammed Nazir Bin Lep (23-004) U.S. Court of Military Commission Review Case page of this website.

As of 8/27/2024

On August 27, 2024, the following documents were posted:

- (29) 23-003-029 Nashiri - defense moves to attach a third appendix of documents in support of his mandamus and prohibition petition and application for a stay

- (37) 23-003-037 Nashiri - court opinion denying mandamus petition for judicial disqualification due to appearance of bias, where judge applied for a position as Clerk of Court for Air Force Trial Judiciary, because petitioner failed to demonstrate a clear and indisputable right to writ under Cheney, 542 U.S. 367 

Copies of these files are now available on the Al Nashiri (23-003) U.S. Court of Military Commission Review Case page of this website.

As of 8/27/2024

On August 27, 2024, the following documents were posted:

- (9) 23-002-009 Nashiri, Part 1 of government's appendix in support of its opposition to the defense's request for a stay

- (9) 23-002-009 Nashiri, Part 2 of government's appendix in support of its opposition to the defense's request for a stay

- (11) 23-002-011 Nashiri, Defense seeks to attach a supplemental appendix for its reply in support of its request for a stay of the commission proceedings before a military judge

- (12) 23-002-012 Nashiri, Defense's supplemental appendix for its reply in support of its request for a stay of the commission proceedings before a military judge

- (16) 23-002-016 Nashiri - Defense appendix in support of (amended) mandamus petition, Pt. 1 (pp. 1-154), File 1 of 3

- (16) 23-002-016 Nashiri - Defense appendix in support of (amended) mandamus petition, Pt. 1 (pp. 1-154), File 2 of 3

- (16) 23-002-016 Nashiri - Defense appendix in support of (amended) mandamus petition, Pt. 1 (pp. 1-154), File 3 of 3

- (16) 23-002-016 Nashiri - Defense appendix in support of (amended) mandamus petition, Pt. 2 (pp. 155-349), File 1 of 2

- (16) 23-002-016 Nashiri - Defense appendix in support of (amended) mandamus petition, Pt. 2 (pp. 155-349), File 2 of 2

- (27) 23-002-027 - Defense's supplemental appendix for its mandamus petition 

Copies of these files are now available on the Al Nashiri (23-002) U.S. Court of Military Commission Review Case page of this website.

As of 8/27/2024

On August 27, 2024, the following documents were posted:

- (1) 23-001-001 Writ of mandamus and prohibition seeking vacatur of Rulings AE 335R, AE 471P, and AE 335N by military judge, Colonel Lanny Acosta, insofar as rulings hold that 10 U.S.C. § 948r does not bar the admission or use of evidence derived from the torture of third parties under the “fruit of the poisonous tree” doctrine

- (10) 23-001-010 Nashiri-Government's opposition to mandamus petition, arguing that petition is not ripe for court's consideration and petitioner cannot establish a right to issuance of the writ because his petition fails to satisfy each of the three prongs required for relief under the Supreme Court decision in Cheney, 542 U.S. 367 (2004)

- (12) 23-001-012 Nashiri-Government's appendix of documents supporting its opposition to the mandamus petition, Part 1

- (12) 23-001-012 Nashiri-Government's appendix of documents supporting its opposition to the mandamus petition, Part 2

- (13) 23-001-013 Nashiri-Government notice of D.C. Circuit opinion, Al-Hela v. Biden, No. 19-5079, issued April 11, 2023

Copies of these files are now available on the Al Nashiri (23-001) U.S. Court of Military Commission Review Case page of this website.

As of 8/27/2024

On August 27, 2024, the following documents were posted:

- (1) 22-001-001 Writ of mandamus and prohibition asking to dismiss charges because referral was based on evidence elicited by torture

- (2) 22-001-002 Appendix-Defense motion to dismiss due to prosecution use of prohibited evidence obtained by torture

- (3) 22-001-003 Appendix-Government response to defense motion to dismiss due to prosecution use of prohibited evidence obtained by torture_Pt 1

- (10) 22-001-010 Government opposition to defense mandamus and prohibition writ asking to dismiss charges because referral was based on evidence elicited by torture

- (21) 22-001-021 CMCR order denying mandamus petition because any error from government use of information obtained by, or derived from, the use of torture, in referral material considered by convening authority when he referred Al-Nashiri's case to a military commission was, among other things, harmless -- as a variety of other documents in the referral material (unrelated to torture) supported the alleged offenses and referral of Al-Nashiri's case to a military commission

Copies of these files are now available on the Nurjaman (22-001) U.S. Court of Military Commission Review Case page of this website.

As of 8/26/2024

On August 26, 2024, the following document was posted:

Unofficial/Unauthenticated 806 Transcript of the KSM et al. (2) Motions Hearing Dated 7/18/2024 from 9:02 AM to 3:00 PM

Additionally, on August 26, 2024, the following documents were posted after a further review:

Unofficial/Unauthenticated 803 Transcript of the KSM et al. (2) Motions Hearing Dated 8/1/2024 from 9:07 AM to 3:22 PM

Unofficial/Unauthenticated 803 Transcript of the KSM et al. (2) Motions Hearing Dated 8/7/2024 from 9:26 AM to 12:37 PM

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 8/26/2024

On August 26, 2024, the following documents were posted:

Unofficial/Unauthenticated 806 Transcript of the Al Iraqi Motions Hearing Dated 6/19/2024 from 11:16 AM to 12:00 PM

AE136F: Unclassified Notice to Defense Supplement to Defense Motion to Compel Discovery Regarding CIA Rendition, Detention, and Interrogation Program, Parts 1 through 9

AE230I: Defense Notice of Exhibits in Support of AE 230D, Parts 1 through 5

AE260: Defense Motion For Preadmission of Defense Exhibits for Mitigation and Extenuation (Unclassified Mitigation Material Provided in Government Discovery), Parts 1 & 2

AE262A: Government Omnibus Response to AE 260, AE 261, AE 262 Defense Motions For Preadmission of Defense Exhibits for Mitigation and Extenuation, Parts 1 through 3

AE272D: Defense Reply To Government Response to Defense Motion for Preadmission of Defense Exhibits for Mitigation and Extenuation (Expert Reports), Parts 1 & 2

Copies of these files are now available on the Abd al Hadi al-Iraqi Military Commissions Case page of this website.

As of 8/26/2024

On August 26, 2024, the following document was filed:

AE0089.008 (NUR): Defense Motion to Authorize Defense Counsels’ Absence from September 2024 Hearing and Requesting Extension of the Courtroom to the RHR

A copy of this file may be made available upon the completion of a security review.

Additionally, on January 5, 2024, the following documents were filed and are now posted:

AE0068.008 (NUR): Defense Motion for Appropriate Relief Regarding Government Failure to Provide Relevant Discovery IAW AE 0064.004 (TJ) and AE 0068.006 (TJ) (Under Seal) Parts 1 through 5

AE0064.006 (NUR): Defense Motion for Appropriate Relief Regarding Government Failure to Provide Relevant Discovery IAW AE 0064.004 (TJ) and AE 0068.006 (TJ) (Under Seal) Parts 1 through 4

Copies of these files are now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 8/23/2024

On August 23, 2024, the following document was filed:

AE0090.002 (GOV): Government Response to Defense Motion to Compel Discovery of the Senate Select Committee on Intelligence’s 2014 Study of the Central Intelligence Agency’s Detention and Interrogation Program and Related Documents

A copy of this file may be made available upon the completion of a security review.

As of 8/23/2024

On August 23, 2024, the following documents were posted:

AE008FF (KSM et al.): Government In Court Submission - Classified Filing

AE112U (GOV): UNCLASSIFIED NOTICE Government Response to Mr. Ali's Motion for Appropriate Relief from Government Demand to Destroy Exculpatory Evidence

AE200Q (AAA): Defense Notice of Classified Filing

After a further review, the following document was reposted:

AE360L (GOV): Government Unclassified Notice of Classified Filing

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 8/23/2024

On August 22, 2024, the following document was filed and is now posted:

AE0079.010 (NUR) Defense Notice of Ex Parte/Under Seal CUI Filing

Additionally, on August 23, 2024, the following documents were filed and are now posted:

AE0081.013 (TJ) – RULING - Defense Motion to Amend AE 0081.010 (TJ) Litigation Schedule

AE0089.007 (TJ) – RULING - Government Motion Request to Amend AE 0089.003 (TJ) Docketing Order (September 2024 Hearing)

Copies of these files are now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 8/23/2024

On August 23, 2024, the following document was filed and is now posted:

AE578H: Fourth Amended Docketing Order AE 339DD

Additionally, on August 23, 2024, the following documents were posted:

AE426B: Defense Notice of Ex Parte, Under Seal Filing of Materials to be Used During the Defense’s Ex Parte Presentation of the Case

AE458A: Government Notice Pursuant to AE 458 Regarding In re Al-Nashiri, No. 21-1208 (D.C. Cir.)

AE547F: Defense Notice in Compliance with AE 547E

AE578D: Defense Notice of M.C.R.E. 505(g) Conference with Government Pursuant to AE 578

AE578H: Fourth Amended Docketing Order AE 339DD 

Copies of these files are now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 8/23/2024

On August 23, 2024, the following document was filed:

AE692HH (GOV): Government Notice Of Relevant Opinion from the United States Court of Appeals for the District of Columbia Circuit

Also, on August 23, 2024, the following documents were filed:

AE656Y (AAA): Mr. al Baluchi’s Notice of Decision by the United Kingdom Central Authority

AE959 (AAA): Mr. al Baluchi’s Motion to Dismiss Due to the Secretary of Defense’s Interference with the Convening Authority’s Discretion

AE960A (GOV): Government Notice Of Proffer of Testimony for Witness

Copies of these files may be made available upon the completion of a security review.

As of 8/23/2024

On August 23, 2024, the following documents were posted:

Unofficial/Unauthenticated 803 Transcript of the Al Nashiri (2) Motions Hearing Dated 8/22/2024 from 9:23 AM to 9:45 AM

Unofficial/Unauthenticated 803 Transcript of the Al Nashiri (2) Motions Hearing Dated 8/22/2024 from 2:41 PM to 5:04 PM

Copies of these files are now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page as well as the Daily Transcript page of this website while the hearings are occurring.

As of 8/23/2024

On August 23, 2024, the following document was posted:

Unofficial/Unauthenticated 803 Transcript of the Al Nashiri (2) Motions Hearing Dated 8/21/2024 from 9:18 AM to 9:52 AM

A copy of this file is now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page as well as the Daily Transcript page of this website while the hearings are occurring.

As of 8/22/2024

On August 21, 2024, the following document was filed:
 
AE583B: Defense Notice of Ex Parte, Under Seal Filing of Defense Proffer of Brigadier General Thompson and Justification for Ex Parte Inquiry

A copy of this file may be made available upon the completion of a security review.

Additionally, on August 21, 2024, the following documents were filed and are now posted:

AE583C: Commission In-Court Submission

AE583D: Defense In-Court Submission

Copies of these files are now available on the Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2) Military Commissions Case page of this website.

As of 8/22/2024

On August 22, 2024, the following documents were posted:

AE688I (MAH): Defense Notice of Exhibits, Part 1 of 2

AE688I (MAH): Defense Notice of Exhibits, Part 2 of 2

AE922H (GOV): Government Notice in Accordance with AE 922F, Trial Conduct Order, 12 February-8 March 2024 Hearing Session, Part 1 of 2

AE922H (GOV): Government Notice in Accordance with AE 922F, Trial Conduct Order, 12 February-8 March 2024 Hearing Session, Part 1 of 2

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 8/22/2024

On August 22, 2024, the following document was filed and is now posted:

AE0017.228: NOT USED PLACEHOLDER

A copy of this file is now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 8/21/2024

On August 21, 2024, the following documents were filed:

AE0081.011 (NUR): Defense Motion to Amend AE 0081.010 (TJ) – Litigation Schedule (NUR)

AE0088.003 (NUR): Defense Reply to AE 0088.02 (GOV), Government Response to Defense Motion to Dismiss the Charges for Lack of Jurisdiction Because the Military Commissions Act is Unconstitutional and was Void Ab Initio

AE0089.006 (GOV): Government Notice Regarding Commission Interpreter Support

Copies of these files may be made available upon the completion of a security review.

As of 8/21/2024

On August 19, 2024, the following document was filed and is now posted:

AE0017.231 (GOV): Government’s Notice of Ex Parte, In Camera, Under Seal Filing

A copy of this file is now available on the Encep Nurjaman Military Commissions Case page of this website.

As of 8/20/2024

On December 20, 2023, the following document was filed and is now posted:

AE910Y: Notice of Classified Ruling and Order

Additionally, on August 8, 2024, the following documents were filed and are now posted:

AE954M (KSM): In Court Submission (Statement of Understanding)

AE954N (WBA): In Court Submission (Statement of Understanding)

AE954O (MAH): In Court Submission (Statement of Understanding)

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 8/20/2024

On August 20, 2024, the following documents were filed:

AE454C: RULING - Defense Motion to Dismiss for Sixth Amendment Violations

AE480HH: Government Response to Defense Objection to Former Camp VII Commander Testimony

AE480II: Government Notice of Submission of Two FBI Reports of Allegations of Abuse by Walid bin Attash (aka Khallad) from January 2007

AE579C: Protective Order - Defense Access to Current and Former Central Intelligence Agency Employees and Contractors

AE583A: Government Response to Defense Motion to Abate Proceedings Pending Adjudication of Ms. Miller’s Security Clearance

AE583 (Sup): Defense Supplement to AE 583: Defense Motion to Abate Proceedings Pending the Adjudication of Ms. Miller’s Security Clearance

AE583 (2nd Sup): Defense Notice of Ex Parte, Under Seal Filing of Defense Second Supplement to AE 583: Defense Motion to Abate Proceedings Pending the Adjudication of Ms. Miller’s Security Clearance

Copies of these files may be made available upon the completion of a security review.

As of 8/20/2024

On August 20, 2024, the following documents were posted:

Unofficial/Unauthenticated 806 Transcript of the KSM et al. (2) Motions Hearing Dated 7/18/2024 from 9:02 AM to 3:00 PM

Unofficial/Unauthenticated 803 Transcript of the KSM et al. (2) Motions Hearing Dated 8/1/2024 from 9:07 AM to 3:22 PM

Unofficial/Unauthenticated 803 Transcript of the KSM et al. (2) Motions Hearing Dated 8/7/2024 from 9:26 AM to 12:37 PM

AE375W (MAH): UNCLASSIFIED NOTICE Defense Reply to Government Response to Defense Motion to Compel Witnesses in Support of AE375M (MAH)

AE551T (AAA): Defense Notice of Exhibits

AE690S (KSM WBA RBS): Defense Motion to Defer Witness Testimony Regarding Suppression of LHM Statements Due to Government’s Belated Filing of Significant Changes to Relevant Classification Guidance

AE779K (KSM): (U) Mr. Mohammad’s Response to Government Motion for Limited Relief from Compliance with AE 779G, Ruling and Order, Mr. Ali’s Motion to Compel Discovery Regarding Interagency Process to Obtain Statements from the Defendants

AE866C (GOV): Government Response To Mr. Hawsawi’s Motion to Suppress Statements Made to the FBI and the CSRT for Lack of Rights Warnings Under Article 31, UCMJ, and Miranda v. Arizona

AE949-1 (MFL)(KSM): Mr. Mohammad’s Motion for Extension of Time to Comply with AE 949 Trial Conduct Order

AE954J (WBA): In Court Submission (Statement of Understanding)

AE954K (AAA): In Court Submission (Statement of Understanding)

AE954L (MAH): In Court Submission (Statement of Understanding)

Copies of these files are now available on the Khalid Shaikh Mohammed et al (2) Military Commissions Case page of this website.

As of 8/20/2024

On August 20, 2024, the following documents were posted:

AE919I: NOTICE Of Adopted Ruling from U.S. v. Khalid Shaikh Mohammad, et al. AE 711GG

AE919P: NOTICE Of Adopted Ruling from U.S. v. Khalid Shaikh Mohammad, et al. AE 910Y

Copies of these files are now available on the Ramzi Bin al Shibh Military Commissions Case page of this website.

As of 8/20/2024

On August 20, 2024, the following documents were posted:

AE189NNNN: Government Notice to the Defense and the Commission Pursuant to AE 189

AE189UUUU: Government Notice to the Defense and the Commission Pursuant to AE 189

AE233W: Defense Motion In Limine to Determine the Admissibility of Surrebuttal Evidence

AE260 (Sup): Defense Omnibus Supplement to AE 260, AE 261, AE 262 Defense Motions For Preadmission of Defense Exhibits for Mitigation and Extenuation

AE261 (Sup): Defense Omnibus Supplement to AE 260, AE 261, AE 262 Defense Motions For Preadmission of Defense Exhibits for Mitigation and Extenuation

AE262 (Sup): Defense Omnibus Supplement to AE 260, AE 261, AE 262 Defense Motions For Preadmission of Defense Exhibits for Mitigation and Extenuation

AE266B: Sentencing Worksheet

AE272E: RULING Defense Motion for Preadmission of Defense Exhibits for Mitigation and Extenuation (Expert Reports)

AE275G: RULING - Defense Motion for Individual Voir Dire

AE275H: Sealing Order

AE278H: Government Reply To Defense Response to Government Motion In Limine To Determine the Admissibility of Expert Rebuttal Declaration

AE278J: RULING - AE 278F – Government Motion in Limine to Determine the Admissibility of Expert Rebuttal Declaration and AE 233AA – Defense Motion for Preadmission of Defense Exhibits in Surrebuttal (Expert Declarations)

AE285D: In-Court Submission (Secretary of Defense Memorandum – Security Review)

AE285F: Order – Defense Oral Motion for Appropriate Relief – Government Intrusion into Defense-Privileged Area

AE285H: Defense Reply to Government Response to Defense Oral Motion for Appropriate Relief – Government Intrusion into Defense-Privileged Area

AE285I: RULING and ORDER - Defense Oral Motion for Appropriate Relief – Government Intrusion into Defense-Privileged Area

AE291: Sentencing Instructions

AE292: Post-Trial and Appellate Rights Advisement

Copies of these files are now available on the Abd al Hadi al-Iraqi Military Commissions Case page of this website.

As of 8/20/2024

On August 20, 2024, the following document was filed:

AE0089.004 (GOV): Government Motion Request to Amend AE 0089.003 (TJ) Docketing Order (September 2024 Hearing)

A copy of this file may be made available upon the completion of a security review.

Additionally, on August 20, 2024, the following document was filed and is now posted: 

AE0089.005 (NUR): Defense Notice Pursuant to AE 0089.003 (TJ) Mr. Nurjaman’s Notice of Interpreter Support

A copy of this file is now available on the Encep Nurjaman Military Commissions Case page of this website.