UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT. [The R.M.C. 803 session was called to order at 0910, 14. MJ [COL OSBORN]: This military commission is called to

Similar documents
UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT. [The military commission session was opened at 1503, MJ [COL WATKINS]: The commission is called to order.

UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT. [The R.M.C. 803 session was called to order at 0903, MJ [Col RUBIN]: Commission is called to order.

TRIAL GUIDE Office of the Chief Judge Navy-Marine Corps Trial Judiciary th Street, Suite 1300 Washington, DC

Trial Guide Office of the Chief Judge Navy-Marine Corps Trial Judiciary 1014 N Street SE Suite 250 Washington Navy Yard, DC

Case 2:12-cv WCO Document 16-3 Filed 04/06/13 Page 1 of 25. Exhibit C

IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

TRIAL GUIDE 2018 Office of the Chief Judge Navy-Marine Corps Trial Judiciary th Street, Suite 1300 Washington, DC

Section I Initial Session Through Arraignment PROCEDURAL GUIDE FOR ARTICLE 39(a) SESSION

(Witness Duly Sworn) State, you may proceed. LINDA HALEY, having been first duly sworn, testified as follows: DIRECT EXAMINATION

1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH PLAINTIFF, JURY TRIAL TRIAL - DAY 26 5 vs. Case No.

Case 1:04-cv JJF Document Filed 03/19/2008 Page 1 of 7 EXHIBIT A

Verdict on Punishment

The Northeast Ohio Coalition for the Homeless, et al. v. Brunner, Jennifer, etc.

TABLE OF CONTENTS FOR JOINT TRIAL GUIDE 2019

HAHN & BOWERSOCK FAX KALMUS DRIVE, SUITE L1 COSTA MESA, CA 92626

Defense Motion for Mistrial

1 FRANKLIN COUNTY PLANNING AND ZONING 2 FRANKLIN COUNTY COMMISSION TRANSCRIPT OF PROCEEDINGS PUBLIC MEETING MAY 28, (Commencing at 11:02 a.m.

2 JACKSON COUNTY, MISSOURI, et al., ) ) 3 Respondents, ) ) 4 vs. ) No. SC ) 5 STATE OF MISSOURI, et al., ) ) 6 Appellants. )

UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS WASHINGTON, D.C.

APPELLANT S BRIEF CASE NO: CV APPEAL FROM THE COUNTY COURT AT LAW NO. THREE, NUECES COUNTY, TEXAS MICHAEL GILMORE,

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA BEFORE THE HONORABLE DEBORAH RYAN, JUDGE DEPARTMENT NO.

PlainSite. Legal Document. California Northern District Court Case No. 4:11-cr JST USA v. Su. Document 193. View Document.

1 FRANKLIN COUNTY PLANNING AND ZONING COMMISSION FRANKLIN COUNTY GOVERNMENT CENTER EAST LOCUST STREET UNION, MISSOURI

22 CHRISTINE RICCIO 23 OFFICIAL COURT REPORTER

in a two-phase trial or can we handle it all together as far as determining if the conditions are violated and then

Page 5 1 P R O C E E D I N G S 2 THE COURT: All we have left is Number 5 and 3 then Mr. Stopa's. Are you ready to proceed? 4 MR. SPANOLIOS: Your Honor

UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT. [The R.M.C. 803 session was called to order at 1319, MJ [COL WATKINS]: The commission is called to order.

Affidavit of Susan Simmons

SPECIAL ORDER INITIATING DISCIPLINARY ACTION. Special Order No. Date. Headquarters, VFW Post No. (or Department)

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

FILED: NEW YORK COUNTY CLERK 07/22/ :04 PM INDEX NO /2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/22/2016

18 ARMIENTI, DEBELLIS, GUGLIELMO & RHODEN, LLP BROADWAY, SUITE 520 New York, NY BY: HORACE O. RHODEN, ESQ. By: VANESSA CORCHIA, ESQ.

UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS WASHINGTON, D.C.

Volume 7. Sandra M. Halsey, CSR, Official Court Reporter 1

UNITED STATES DISTRICT COURT DISTRICT OF KANSAS TRANSCRIPT OF SENTENCING HEARING BEFORE THE HONORABLE CARLOS MURGUIA, UNITED STATES DISTRICT JUDGE.

Office of the Ohio Secretary of State

Case 3:15-cv HEH-RCY Document Filed 02/05/16 Page 1 of 6 PageID# Exhibit D

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE SOUTHERN DISTRICT OF OHIO 3 * * * 4 NORTHEAST OHIO COALITION. 5 FOR THE HOMELESS, et al.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G OPINION FILED NOVEMBER 4, 2013

ALLEGRA FUNG, ESQUIRE

COMMONWEALTH OF VIRGINIA PRINCE WILLIAM COUNTY BOARD OF ZONING APPEALS

STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY Branch 9

1 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA 2 CASE NO.: CACE

APPEARANCES 8 AND. t0 DEPUTY PROSECUTING ATTORNEY 215 WEST HIGH STREET 4 ON BEHALF OF THE STATE: 6 JOSEPH KISOR 7 CHIEF DEPUTY PROSECUTING ATTORNEY

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ISADORE ROSENBERG, REPORTER'S TRANSCRIPT OF PROCEEDINGS THURSDAY, MAY 5, 2011

Case 3:13-cv DRH-SCW Document 15-6 Filed 04/16/13 Page 1 of 15 Page ID #781 EXHIBIT F

ARBITRATION PROCEEDINGS - Vol 3 OCTOBER 17, 2012 JENNER & BLOCK v. PARALLEL NETWORKS


1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH PLAINTIFF, JURY TRIAL TRIAL - DAY 25 5 vs. Case No.

THIS IS THE COVER PAGE

APPENDIX (Article IX Forms)

AFL Anti-Doping TRIBUNAL TUESDAY, 31 MARCH 2015 DAY SEVENTEEN (TRANSCRIPT-IN-CONFIDENCE) MR JOHN NIXON MR WAYNE HENWOOD

STATE OF MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES MICHIGAN PUBLIC SERVICE Commission

UNITED STATES NAVY MARINE CORPS COURT OF CRIMINAL APPEALS

KRESSE & ASSOCIATES, LLC

IN THE U.S. NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS WASHINGTON NAVY YARD WASHINGTON, D.C. BEFORE W.L. RITTER K.K. THOMPSON J.F.

1 STATE OF INDIANA) IN THE LAKE SUPERIOR COURT )SS: CIVIL DIVISION, ROOM TWO 2 COUNTY OF LAKE ) SITTING AT EAST CHICAGO, INDIANA

Case 1:17-cv RCL Document Filed 12/01/17 Page 1 of 12 APPENDIX L

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA HONORABLE PERCY ANDERSON, JUDGE PRESIDING. Plaintiff, ) ) ) ) Vs. Defendant.

Discussion. Discussion

Case 1:17-cv RCL Document 2 Filed 11/02/17 Page 2 of 20

FILED: NEW YORK COUNTY CLERK 01/18/ :37 PM INDEX NO /2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 01/18/2017

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF PENNSYLVANIA

Transcript of Bryan Michael Pagliano

>> THE NEXT CASE ON THE DOCKET IS GARRETT VERSUS STATE OF FLORIDA. >> WHENEVER YOU'RE READY. >> MAY IT PLEASE THE COURT, MY NAME IS MEGAN LONG WITH

MILITARY COMMISSIONS TRIAL JUDICIARY RULES OF COURT 24 APRIL 2013 (AMENDED 4 JUNE 2013)

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS DIVISION 6. MARVIN L. BROWN, et al., ) Plaintiff,) )

Case 2:11-cr KJM Document 142 Filed 06/19/12 Page 1 of 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA. --o0o-- Plaintiff,

IN THE FIRST JUDICIAL DISTRICT COURT PARISH OF CADDO STATE OF LOUISIANA * * * * * * * * * * * * * * * * * * * * * * * * * * *

UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS WASHINGTON, D.C.

FROM THE KORTE WARTMAN LAW FIRM. Page: 1 IN THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO CA (AW)

>> THE NEXT CASE ON THE DOCKET IS THE CASE OF CLARKE V. UNITED STATES OF AMERICA. WHAT DID I SAY, CLARKE V. UNITED STATES? >> YEAH.

Armstrong & Okey, Inc., Columbus, Ohio (614)

CRIMINAL DISTRICT COURT PARISH OF ORLEANS STATE OF LOUISIANA. Probable Cause Hearing Motion to Suppress Evidence

IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII. Plaintiff, vs. CIVIL NO Defendant.

Case 1:12-cv RMC-DST-RLW Document Filed 05/21/12 Page 1 of 323 EXHIBIT 2

STATE OF ILLINOIS ) ) SS.

Who s who in a Criminal Trial

Case4:10-cv SBA Document81 Filed05/31/11 Page1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES ARMY COURT OF CRIMINAL APPEALS

Page 1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE

COURT-MARTIAL DATA SHEET

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF SANTA BARBARA 3 DEPARTMENT 9 HON. DENISE MOTTER, COMMISSIONER 4 5 CHRISTINE SONTAG, )

Page 1. 10:10 a.m. Veritext Legal Solutions

Magistrate Court of Cherokee County The Warrant Application Process

NO. CAAP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

Case 1:12-cv MSK-BNB Document Filed 10/04/13 USDC Colorado Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

NOT DESIGNATED FOR PUBLICATION. No. 117,522 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. MARTIN MENDOZA-HERNANDEZ, Appellant,

Rules for Qualified & Court-Appointed Parenting Coordinators

I. Basic Information: Full Name: DOB: Mailing Address:

Ph Fax Palm Beach Lakes Blvd., Suite West Palm Beach, FL 33401

Scott A. Walter, 1/13/2010 Page: 1

FLORIDA DEPARTMENT OF REVENUE PROPERTY TAX OVERSIGHT PUBLIC WORKSHOP

07 February 2007 UNIFORM RULES OF PRACTICE BEFORE NAVY-MARINE CORPS COURTS-MARTIAL

IN THE CIRCUIT COURT OF THE 15TH CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO CA XXXX MB

Case3:07-md SI Document7414 Filed12/21/12 Page1 of 9

CONSIDERATION OF SENATE BILL 14 1/25/2011. through and telling them, "Any Mexican-American citizen

205 CMR: MASSACHUSETTS GAMING COMMISSION

Transcription:

0 [The R.M.C. 0 session was called to order at 00, September.] MJ [COL OSBORN]: This military commission is called to order. Trial Counsel, if you would, please account for the parties who are present at this session. TC [MR. SCHNEIDER]: Yes, Your Honor. Yes. [Moved to podium.] Yes, Your Honor. I'm William Schneider and I'm the trial counsel. With me at the government table is Major David Abdalla, my assistant trial counsel. Behind us is Ms. Ronda Toney, a paralegal, and Tech Sergeant Richard Moss, also a paralegal. MJ [COL OSBORN]: Mr. Schneider, were you present and was Major Abdalla present at the previous session of this commission in February of? TC [MR. SCHNEIDER]: Neither of us was, Your Honor. MJ [COL OSBORN]: So if you would please announce your legal qualifications, status as to oaths, and detailing qualifications on the record. TC [MR. SCHNEIDER]: Yes, Your Honor. Your Honor, all trial counsel have been detailed to this military commission by the chief prosecutor. All members of the prosecution are qualified under RMC 0 and have previously been sworn in 0

0 accordance with RMC 0. No member of the prosecution has acted in any manner that might tend to disqualify us in this proceeding. The detailing document has been marked as AE 00A. MJ [COL OSBORN]: Okay. Thank you, Mr. Schneider. I believe you said you're the trial counsel and Major Abdalla is the assistant trial counsel, correct? TC [MR. SCHNEIDER]: That's correct, Your Honor. MJ [COL OSBORN]: I'd also note that the members are absent. Defense Counsel, if you would, please, Colonel Jackson, if you would please, notify or give me who was present for the defense. You may approach the podium. DDC [LTC JACKSON]: Yes, Your Honor. My name is Lieutenant Colonel Jon Jackson. I'm lead detailed counsel on the case. We also have Katya Jestin from Jenner & Block. She's previously sworn. She was here at the last session, along with Wells Dixon from the Center for Constitutional Rights. He's previously sworn; was at the last session. Lieutenant Suplizio, Tia Suplizio, from the United States Navy. She is assistant detailed counsel. She has been sworn but she will now announce her detailing qualifications. MJ [COL OSBORN]: Lieutenant. 0

0 [Counsel away from podium; no audio.] DDC [LtCol JACKSON]: You have to hold the button down. ADC [LT SUPLIZIO]: My name is Lieutenant Tia Suplizio, United States Navy, Judge Advocate General's Corp. I'm certified under Rule for Military Commissions 0; sworn under Rule for Military Commissions 0. I have not acted in any manner which would disqualify me from representing Mr. Khan in this proceeding. MJ [COL OSBORN]: And I believe that your detailing counseling -- or your document detailing you on the record is, I believe, Appellate Exhibit 00A. ADC [LT SUPLIZIO]: That is correct, ma'am. MJ [COL OSBORN]: Colonel Jackson, please proceed. DDC [LTC JACKSON]: Thank you, Your Honor. We also have Natalie Orpett from Jenner & Block. She's pro bono counsel. She needs to be sworn also and announce her qualifications. MJ [COL OSBORN]: Please. DDC [LTC JACKSON]: She needs to be sworn by you, Your Honor, is my understanding. MJ [COL OSBORN]: Well, she can announce qualifications first. DDC [LTC JACKSON]: Okay. MJ [COL OSBORN]: And then I'll swear her.

0 DC [MS. ORPETT]: My name is Natalie Kay Orpett, attorney at Jenner & Block. I'm certified for Rule of Military Commissions 0 and will be sworn under Rule of Military Commissions 0. I have not acted in any manner which would disqualify me from representing Mr. Khan in this proceeding. MJ [COL OSBORN]: Are you licensed to practice in a federal court or the highest court of the state? DC [MS. ORPETT]: I am. MJ [COL OSBORN]: What state would that be? DC [MS. ORPETT]: New York state. MJ [COL OSBORN]: And I believe I have your appearance -- entry of appearance and agreement and that's Appellate Exhibit 00A. I'll swear you in now. Please raise your right hand. [Counsel was sworn.] DDC [LTC JACKSON]: We have two other members of the defense team with us. They were not present at the last hearing; that's Aliya Hussain, who's a pro bono paralegal; and also our investigator, Special Agent Strong. MJ [COL OSBORN]: All right. Thank you, Colonel Jackson. DDC [LTC JACKSON]: Thank you. MJ [COL OSBORN]: And you remain the lead, right? DDC [LTC JACKSON]: Yes.

0 MJ [COL OSBORN]: So we have two new members here for the defense team and then the three members of the defense team were previously present in February of. Did you also mention, Colonel Jackson, that General Baker is present behind you? DDC [LTC JACKSON]: I did not, and that's a big exclusion. The chief defense counsel, Brigadier General John Baker, is also present. MJ [COL OSBORN]: Okay. Thank you, Colonel Jackson. The previous military judge asked these questions back in February, but since we have new members, or new counsel present, I want to ask all of you: Counsel for both sides understand the provisions of the military provision -- military commissions concerning safeguarding classified information. Is that correct, counsel? TC [MR. SCHNEIDER]: That's correct, Your Honor. MJ [COL OSBORN]: Defense? DDC [LTC JACKSON]: Yes, Your Honor. MJ [COL OSBORN]: And do counsel also understand that you must, as soon as practicable, notify me of any intent to offer evidence involving classified information so that I may consider the need to close the proceedings? Government? TC [MR. SCHNEIDER]: We do, Your Honor.

0 MJ [COL OSBORN]: Defense? DDC [LTC JACKSON]: Yes, Your Honor. MJ [COL OSBORN]: And as I'm required by the Manual for Military Commissions to consider the safety of witnesses and others at these proceedings, do counsel for both sides understand that they must notify me of any issues regarding the safety of potential witnesses so I may determine appropriate ways in which testimony will be received and witnesses protected? Government? TC [MR. SCHNEIDER]: We do, Your Honor. MJ [COL OSBORN]: Defense? DDC [LTC JACKSON]: We also understand, Your Honor. MJ [COL OSBORN]: Okay. Now before I continue any further, Mr. Khan, good morning. It's my understanding that you are fluent in English and you are comfortable with going forward without an interpreter; is that correct? ACC [MR. KHAN]: Yes, ma'am. MJ [COL OSBORN]: Are you able to understand -- both understand and speak English? ACC [MR. KHAN]: Yeah, I'm pretty fluent. MJ [COL OSBORN]: And do you believe that you need the services of an interpreter for these proceedings? ACC [MR. KHAN]: No, ma'am.

0 MJ [COL OSBORN]: Do you believe that you need the services of a translator for these proceedings? ACC [MR. KHAN]: No, ma'am. MJ [COL OSBORN]: Now, at the last session you said that you wished to be represented by the three previous defense counsel. Two new defense counsel have apparently joined your team. Do you wish to be represented now by all five of these defense counsel? ACC [MR. KHAN]: The more the merrier, ma'am. MJ [COL OSBORN]: Very well. And do you still wish to have Colonel Jackson serve as the lead defense counsel? ACC [MR. KHAN]: Yes, ma'am. MJ [COL OSBORN]: My name is Colonel Tara Osborn and I have been detailed to this military commission by Colonel James Pohl, who is the chief judge of the military commissions. I have been previously sworn in accordance with Rule for Military Commission 0. I'm certified and qualified in accordance with Article (b) and (c) and (a) of the Uniform Code of Military Justice, as well as Rule for Military Commission 0. I don't believe that there are any grounds for challenge against me. There are certain classified matters that we need to discuss pursuant to M.C.R.E. 0(h). So what I'm going to do

0 now is close the session and at the conclusion of the session we'll reopen to conclude the business that we need to tend to at this point. Now, in an 0 session yesterday, the defense counsel asked for a recess for additional time to meet with their client, so we will break for a recess and reconvene in a 0(h) hearing at ---- DDC [LTC JACKSON]: Your Honor ---- MJ [COL OSBORN]: ---- :0. DDC [LTC JACKSON]: Your Honor ---- MJ [COL OSBORN]: Yes. DDC [LTC JACKSON]: ---- we were able to meet with him. I think we were able to go through everything we needed to. MJ [COL OSBORN]: All right. Very well. Thank you, Colonel Jackson. I think we still need -- or 0 minutes so we'll reconvene at :. Guard Force, if you would, please, keep Mr. Khan in the holding cell, and the commission is in recess. [The R.M.C. 0 session recessed at 0, September.] [END OF PAGE]