A View From the CDC 1 March 2018 Brigadier General John G Baker, - - PowerPoint PPT Presentation

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A View From the CDC 1 March 2018 Brigadier General John G Baker, - - PowerPoint PPT Presentation

Apr 19, 2023 256 likes •405 views

A View From the CDC 1 March 2018 Brigadier General John G Baker, USMC Chief Defense Counsel for Military Commissions john.g.baker.mil@ mail.mil (571) 256-9780 (o) (757) 975-7493 (c) Disclaimer My Thoughts Only Do Not Represent Any

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A View From the CDC

1 March 2018

Brigadier General John G Baker, USMC Chief Defense Counsel for Military Commissions john.g.baker.mil@ mail.mil (571) 256-9780 (o) (757) 975-7493 (c)

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Disclaimer

  • My Thoughts Only
  • Do Not Represent Any Individual Defendant
  • Not the position of the DoD, OMC, US Government
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Mission Statement

The Military Commissions Defense Organization provides ethical, zealous, independent client-based defense services under the Military Commission Act in order to defend the Rule of Law and maintain public confidence in the nation's commitment to equal justice under law.

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MCDO Clientele

  • On Appeal (3)

* Bahlul – 2008 Conviction, Remanded to CMCR in light of Circuit decisions * Khadr^ – 2010 Conviction (Guilty Plea), At CMCR, stayed awaiting Bahlul (despite Bahlul remand) * Qosi^ – 2010 Conviction (Guilty Plea), At CMCR, no action since unsuccessful July ‘17 fact-hearing ^ No longer confined

  • Awaiting CA Action (1)

* Darbi – Pled G in ‘14, Sentenced in ‘17, CA should Act in ‘18, Currently held beyond terms of PTA

  • Pre-Sentencing (1)

* Khan – Pled G in ‘14, was supposed to be sentenced ‘17, delayed until ‘19

  • Pre-Trial (7)

* Nashiri – Charged capitally in ‘11, Case indefinitely abated Feb ‘18, Gov’t appeal of abatement pending * Five (5) 9/11 Clients (Mohammed, Bin ‘Atash, Hawsawi, Bin al-Shibh, Al Baluchi) – Charged capitally in ‘12, pre-trial litigation on-going, no trial date, will not be in ‘18 * Hadi/Nashwan – Charged in ‘14, pre-trial litigation on-going, no trial date set, but MJ just issued detailed litigation schedule that suggests a spring/summer 2019 trial

  • Charges Sworn, Awaiting Disposition Decision (3)

* Three (3) Malaysian Clients (Hambali, Zubair, Bin Lep) - CA is not funding the defense beyond GTMO travel. – Charged in ‘17, CA returned charges to OCP for an unknown reason,

  • Awaiting Charges (6)
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Hot Button Issues

  • Manpower Challenges

– CA has approved billets, but DoD won’t fill – No back-up for loss of Learned Counsel

  • Attorney-Client Meeting Locations

– Concerns about Confidentiality

  • Update – CA just approved Inspection of “OMC Controlled Spaces”

– Need larger attorney-client rooms at the ELC

  • Unexplained firing of CA and Legal Advisor
  • Ongoing tension between the Rule of Law &

Protecting National Security – Particularly in capital cases

  • Spill Management and IT Support
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Delays in Filling MCDO’s Approved GS Billets*

As of 15 February 2018

10 20 30 40 50 60 70 80 90 100 110

Attorneys Paralegals Admin IT Lit Spt Inv DISO Analysts Original Allowance

12 17 21 29 31 46 93 109

  • Dates reflect CA approval of additional billets.

* In addition to shortfalls in filled GS positions, the MCDO is projecting a 37% shortfall in military attorneys and a 25% shortfall in military paralegals during 2018.

9 17 24 27 28 35 8 14

Dec 17 Oct 16 Jun 16 Dec 15 Feb 15 Jun 14 Oct 12

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Capital Case Challenges

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Death is Different

“When you have a capital case, you need to wake up every morning and remind yourself that the government is trying to kill your client.”

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101 128 53 115 60 77 35 168 81 110 123 114 68 145 142 59 43 71 59 73 20 40 60 80 100 120 140 160 180 OCONUS CONUS GTMO Total

* Role was filled for less than full-time because of hiring, PCS, parental leave, or part-time status ** Role was filled by two persons in 2017

One Defense Team’s Travel for 2017

Travel Days

Average Travel per FTE: 91.25 Total 2017 travel: 1825 days

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Drafted Page Count Total Page Count 2000 4000 6000 8000 10000 12000 14000 2012 2013 2014 2015 2016 2017 585 1048 563 867 1787 2219 2575 5191 2472 3033 2895 12946

One Defense Team’s Yearly Page Count Totals

Drafted Page Count Total Page Count

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RDI Discovery as of 23 Feb 2018

Statements (5528) Medical Records** (1193) Black Site Documents (6115)

RDI Discovery Received - 17269* pages or .002785322581% of known RDI Discovery

Prisoner Journals (4433)

6.2 million pages

  • f RDI Discovery

* For reference, 6600 pages had been provided as of 1 Dec 16 ** Medical Records pages are estimates only

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Other Discovery Challenges

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Questions?