The document is a memorandum that includes information on military commissions, four Guantanamo detainees, FBI cooperation, and unresolved issues, including transportation and witness preparation.
DATE: 03-17-.:.010
CL/4.:IFIED BY 65179 DISI/n13
. .15.EAS011; 1.4 ( c Sutuct) -
"DECLASSIFY" ON: 02-17-2035
ALL INFORTIATILi,l beITTAII.11?
• HEREIN IS IINCLA22- IFIED EXCEPT
Military Commissions Ik1HEIPE ', 7:17..11,14 0 .
.www. .defenSelink.mil/news/cOmmissions.html contains the
following information: .
• Military Commission Procedures,. Orders &'InstructionS -
• GTMO Detainee Process .
.• • Appointing Authority',Regulations
• Biographies of Key.Military CommissionS.Personnel,
Links to Court Motions (46 total) .
1 Trial Guide . . .
Briefing Transcripts'from.Hearings
• Photographs
. -
Four GTMOdetainees.have been charged with conspiracy -to
:commit terrorism among other offenSes.' All.four defendants
' . have been appointed.counseli
1. Salim Hamdan (ISN U.S9YM-:0049) . TriaL scheduled:
December 7-21, 2004. Twenty-two (22) outstanding'
motions. 'Defenie Motions: 18. Prosecution: 4.'
2. David Hicks.(ISN US9AS-0002) Trial scheduled January
:10,12005 until completion. .Bleven/(11) Outstandi-ng
motions: • Defense.Motions:'.5 Prosedution-Motions: 6:.
3.Al Qosi (ISN US9SU-0054)' Trial Scheduled F.ebruary 8,
2005Until completion". Nine .(.9) 'outstanding motions.
Defense Motions: 5 Prosecution Motions:, 4.
4.A1 Bahlul-(ISN US9YM-00039) Trial not .scheduled: Five
• (51.outstanding motions. One Defense Motion (pro se'
motion) Prosecution Motions:
The•Presiding Officer, COL Brownbeck, haS not ruled.onmost :
..oUtstanding motions, ""therefore the prosecutibn .has not
provided witness or exhibit lists. The Prosecution has
preliMinarily requested in-excess of eighty (80).FBI
witnesses for trial. ProtectiveOrders have been filed to
protect the identities of" the...agents. Witness.preparation
has been minimal to this point.
•
. The Military Commission Panel consists o.f 4-5.-Field Grade
(0-5 or 0-6y, Non-JAG "Officers and1 : JAG who acts as
PreSiding Officer, 1-2 alternates.
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0'1C consists of.a Chief Prosecutor, Robert Swann - COL USA i
yrs, 20+ yrs experience gov't trial atty, defense JAG. 26
counSel", appellate atty and military judge. '
USMC Deputy Chief ,Prosecutor Carol Joyce - COL USMC 23 yrs;
JAG .15 yrs, Special . Asst., U.S. Atty to.Eastern'District • —7.
North Carolina, 300+ cases as Prosecutor and Defense
counsel.
- COL USA . 20 yrs Senior Litigation Partner
Private Law Firm in CA, CA' State Senator, Legal Advisor to b 6 •
0MC.TeimChiefS
CMDR USN 20 yrs, JAG 14 yrs, 100+ contested b6
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• trials. Four in US District Court
LTC USMC 17 yrs, JAG 9 yrs, 400+ .criminal
cases -Chief Trial CoUnsell I MCAS
LTC USMC 17 yrs, .JAG 9.yrs, , 400+ criminal .,b6.
cases -Chief Trial Counsel Cam P Leleaune USMCB -- 2nd Chair b7C
arosectitIon'- Aytarig- Ca.e. • ••.•
.LTC USA 20 yrs, JAG 12 yr, served as lead • b 6 '
.trial counsel on several high profile.cases..including a ' b7C .
capital .murder Case. . . .
MAJ USA a yrs, 8yrs JAG; 86'criminal cases, • •)6
. b7C 19 contested.
OMC Team. members:
CAPT USAF 2 yrs, JAG OMC l assignment
LT USN 3yrs' JAG - 'CNC 2 ad assignment
CAPT USA 3yrs.OMC 2 nd assignment
MAJ USA 10yrs- arrived OMC August
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FBI's Cooperation
(S)
The'FBI haS supported the Military Commission process
extensively. ' OMC' makes requests for FBI documents and FBI
personnel through the Office of General Counsel : (0GCY and •
the Military Liaison and Detainee Unit OILDU). All
- requests are addressed immediately and currently over 200 .
FBI documents have been provided for use at trial.
Records Management Division coordinated a bureau-wide
:effort to' respond to OMC's discovery.requests. The -FBI,
'received.the requests on July 23, 2004 and documents are
,:available for OMC review-starting October 1, 2004: FBI .
continues to support evidence, docuMent and witness
assistance.requests through RMD/OGS/MLDU.
OGC has dispatched an. AGC to GTMO who will brief FBI
witnesses on Commission-rules and procedures and - be
available in the courtroom to address FBI issues. MLDU
will continue to provide a SSA o_coordinate all requests
related to the military commissions.
Unresolved Issues
. .. _ .-- - .. . -- .. ...
,Transportation/Lodging: - FBI . transportation consists .of one'.
flight to/from GTMO every other week. .Military . .
transportation consists of military- flights on a-firSt . cbme,
first serve basis out of Andrew's Air FOrce Base(very
limited avail.ability ). . Therefore, FBI personnel - testifying '
in trial, transporting evidence and observing proceedings '
..-will Spend Considerable .time at GTMO waitingfor: .
. transportation to/from GTMO. [Solution: Increase number of
FBI flights to transport FBI agents nn/nff rwmn to thp
current level of 1 flight oer-week-. 1
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.FBI, does not"have available' resources for lodging or
transportation while at GTMO for the number of FBI
witnesses OMC has identified. FBI has not been advised
whether OMC has secured lodging/transportation for FBI
-witnesses.- The limited transportation available off . GTMO
:will'also affect the lodging issue.
•itness Preparation: OMC has not provided any comprehensive
witness' preparation for FBI agents.. OMC has not provided
the FBI ith the rprinired rel Pas annrovals from nthPr.
agencies I
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without these release, FBI agents face uncertainty oh the
- .stand with regards to the scope Of their testimony.
Solution: OGC is providing AGC to assist FBI witnesses]
MISC.: The -Prosecutor's lack of Counterterrorism experience.. .
has led them to utiliZe an oVerbroad-approach to document .
' requests from the FBI. [Solution: Rulings in •the 1 st four •
cases will limit this approach]
•
Some case prosecutive theOrieS promulgated by OMC
prosecutors are not consistent with FBI analytical -
conclusions (not true with the 1 st 4 caSeS). [Solution:OMC
prosecutors shOuld meet with ITOS1.personnel.to ensure
•their theorieS are-consistent with FBI analysis]
The charging scheme (Conspiracy to commit war crimes)
. requires heavy reliance on FBI investigations PENTTBOM
COLEBOK TANBOM) [Solution: OGC/MLDU/SDNY should'monitor
disseminations and proceedings to limit impact on FBI
" sinvestigations]
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