MILITARY COMMISSIONS TRIAL JUDICIARY
GUANTANAMO BAY, CUBA
UNITED STATES OF AMERICA AE 639M
Trial Scheduling OrderKHALID SHAIKH MOHAMMAD ,WALID MUHAMMAD SALIH
MUBARAK BIN
RAMZIBIN AL SHIBH
ALIABDUL AZIZ ALIMUSTAFA AHMED ADAM
AL HAWSAWI
30 August 2019
1. On 26 July 2019 , the Commission heard oral argument on AE 639, to include a discussion ofpending trial and discovery issues and the various impediments /concerns theparties believe must
be addressed in any trialscheduling order issued by the Commission. Having considered themotions submitted by the parties and the arguments ofcounsel, the Commission establishes the
attached Trial Schedule for the case ofUnited States v. Khalid Shaikh Mohammad, et al.
2 . Trial Schedule (Attachment A ). To ensure a fair and expeditious processing of this case theCommission sets 11January 2021 for the startof the trial on themerits, and establishes the
following TrialScheduling Order setting forth pretrialtasks and deadlines in accordance with( Rules for Military Commissions ( R . M . C . ) 108, 801( a ) 3 ), 801(b ), and 801(g ) and MilitaryCommissions Rulesof Court Rule 1. 5 and Rule 3 . 7 . c ( 1).
3 . BriefingSchedule (Attachment B ). The trial of this capital case at U . S . NavalStation,Guantanamo Bay (NSGB), Cuba will face a host of administrative and logistics challenges
requiringcoordination between the parties, the Convening Authority , classified information
equity holders, and installation managementofficials. To ensure early and frequent coordination
of these issues, the Commission also establishes a briefing schedule for theGovernment to
provideperiodic statusupdates on these issues.
4. Motions Within 7 calendar days of filing a motion , the parties shall provide opposingcounsel and the Commission a list of all witnesses a party intendsto call in supportof a motion .Counsel will file proposed findings of fact and conclusions of law with allmotions filed with the
Commission . Proposed findings of fact should reference either a witness or a document (or both )
the party intends to offer during motions practice to support the facts alleged in themotion
During that discussion, the Defense asserted that theGovernmentwas either unable or unwilling to produce, in a
timely manner, the discovery of which the Defensebelieves it is entitled. In response to questioningby theCommission, the Governmentindicated itwas ready to commit October 2019 the date by which the
Government will havemade sure Government is in compliance completely with [Rule for MilitaryCommissions ( R . M . C .) ] 701 and the various orders of the Commission The Government further accepted the factthat a failure by the Governmentto " live up to that commitment regarding the production of discovery would leadto adverse " consequences for the Government. See Unofficial/Unauthenticated Transcript ofthe U. S. v . Khalid
Shaikh MohammadMotions Hearing, dated 26 July 2019 from 4:46 P . M . to 5 : 14 P .M . atpp. 24707- 247082 The Commission has considered the needs of the Government, the Defense, the Accused, alleged victims, as well
as the public - include the media and the internationalcommunity in establishing this scheduling order.
Partiesmay also stipulate to certain facts for the limitedpurpose ofthemotion Responses andreplies to motionswill be submitted IAW existing rulesofcourtunless an expedited briefingcycle is ordered by the Commission . Trial shallprovide to theDefense allmatters ruled
discoverable by the Commissionpursuantto motions to compel discovery within 60 days of
each ruling
5. Convening Authority (CA ) Action on Motions for Experts . The CA shall act on all expert
consultant requests from the parties within 30 days from receipt of the motion The CA shall
either fund all expert assistance ordered by the Commission upon the filing of a motion by the
party or providenotice via themoving party of its intentto not comply with the order within 30days of the Commission ' s order.
6 . Joint Status Updates. Commencing in October 2019 during the initial R .M . C . 802
conference preceding the first day of Commission hearings, the Commission will conduct astatus conference with the Government and at least one representative from each Defense Team .The conference willbe recorded by a court reporter.
7. Trial Plan Counsel are required to file a trialplan for all litigated cases . Such plans can beuseful in helping get ready for and executing the trial. In developing the plan , the Government
should initially set it up and forward it on to the Defense for input. Defense will then add itsinputs and send it back to the Government within 30 daysof receipt. TheGovernmentwill
forward iton to the Commission NLT 75 days prior to thescheduled trial start date.
ORDERED this 30th day of August , 2019 .
Attachments
A . Trial Schedule
B . Briefing Schedule
W . SHANE COHEN , Colonel, USAFMilitary Judge
Military Commissions Trial Judiciary
TRIAL SCHEDULING ORDER
Specific Task Deadline Date Notification
Received by
CommissionOctober 2019
1 October 2019
1 October 2019
The Governmentshall file allknown
requests forprotective orders,summaries andsubstitutions IAW
. C . . E . 505 with the Commission .
The Governmentshallprovide the
Commission notice ofthe CA' sability
to supply interpreters and interim
security clearances to Defense Teams.The Governmentshallprovide the
Defenseaccess to a MagneticResonanceImagingmachineat
(NSGB) alongwith a reasonable
protocolfor requestingMRIscans.The Governmentshallprovide the
Defense a formalnotice of all
statements by the Accused IAWM . C .R . E . 304 c ), all hearsay statementsit intends to introduce against theAccused IAW M . C . R . E . 803(b ) and allM . C . . E . 404( b ) evidence theGovement intends to use. The
M . C . R . E . 304( c ) notice shall include
anyGovernmentproposed Bruton
redactions.
1October 2019
The Government has notified October 2019
Accused of any records of priorcriminal convictions of the Accusedthat the Governmentmay offer on the
in rebuttal, includingimpeachment, or in sentencing and haspermitted the Defense to examine such
records in the Government spossession .
The Governmenthas produced to all 1October 2019 or
Accused all results or reports of within 60 days of
physicalor mentalexamination, and of completion (ifdone
scientific tests or experiments or copies after 1October 2019)
thereof, which are within thepossession , custody , or controlof the
Government, the existence ofwhich is
known orby the exercise ofdue
diligencemay becomeknown to the, and which arematerialto
1 October 2019
1 October 2019
1 November 2019
the preparation ofthe defense or areintended foruse by the Government as
evidence in the prosecution case- inchief at trial, in rebuttal, or duringsentencing
The Government has produced to all
Accused the names ,military email
addresses, and military telephonenumbers for all known persons
identified by uniquemedical recordidentifier pseudonym in the Accused ' s
medical records provided in discovery ,
which the Government has been able to
ascertain via due diligence.With the exception of tangible objects
being physically relocated to Naval
Station Guantanamo Bay, the
Government will allow DefenseCounsel the full opportunity to inspect
all items required IAW R . M . C . 701.The Defense shall file all
Motions ( .e. not involving thepresentation of evidence ) to includemotions based on defects in the
swearing , forwarding investigation or
referral of charges, challenges to theMilitary Commission system as amatter of law , speedy trial, and
challenges to the capital sentencingscheme.
The Government shall affirmatively
state that it has completed all of its
discovery obligations under R . M . C .
701 and its subparagraphs , to includethe provision ofall discovery mattersalready ordered disclosed by theCommission to the Defense and all
M . C . R E . 505 protective orders ,and substitutions to the
Defense.
The Government shall provide a copy
of its proposed evidence list andwitness lists for findings and
presentencing to the Defense and theCommission . This list shall include any
proposed experts , their Curriculum
Vitac and any reports they have
generated or would be relying upon intheir testimony .
1 November 2019
December 2019
The Defense providenotice of all 1 February 2020hearsay statements they intend to offerpursuant to M . C . R . E . 803(b 2 ).
The Defense shall file all additional February 2020evidentiary motions, to include ( 1)motions in limine, ( 2 ) initialmotions to
suppress Letter HeadMemorandum(LHM ) statements on grounds other
than voluntariness , (3 )motions for
appropriate relief motions to
suppress any additional statementsnoticedby the Government
M . C . R . E . 304 ) and M . C . R . E . b) ,( 5 ) motions to suppress other evidence,and (6 ) motions to exclude M . C .R . E .
404 (b ) evidence noticed by theGovernment
The Defense shall file allmotions to 1 February 2020 or 90
compel discovery and/or depositions days following thewith the Commission . Government' s assertion
that all R . M . C . 701and
M . C . R . E . 505matters,including Commissiondirected disclosures
have been provided tothe defense - whichever
is later responses to
motions will be filedIAW existing rules ofcourt).
The Defense shall file the final briefs NLT 75 days following
for themotions to suppress related to the finalwitness beingthe voluntariness andmotions to called to testify on the
suppress on grounds other than matter.
voluntariness of the accused' sstatements to the FBIand formotions
regarding restrictions onDefense investigation per AE
The Government shall relocate all February 2020
tangible itemsit intends to move to(NSGB) for Defense Counsel
inspection and maximize DefenseCounsel' s ability to review theevidence without unnecessaryGovernment interference or restrictions .
The Convening Authority shall 1 April 2020
provide an amended convening order tothe Commission with a sufficient
number ofmembers to accomplish
capital (death penalty) qualification
requirements and ultimately sit a panel(data sheets for each member shallbe
provided to the Defense and theCommission upon selection ).
The Defense shallprovide reciprocal April
discovery, proposed witness and
evidence lists for findings and
presentencing, as well as noticeofanyaffirmative defenses to include alibi or
lack ofmental responsibility or intentto
introduce expert testimony as to theAccused ' smentalcondition pursuant to
RMC 701 ) 2 ) This listshall include
any proposed experts , their Curriculum
Vitae, and any reports they have
generated or would be relyingupon intheir testimony.
The Parties shall confer and provide 1May 2020theCommission with a proposed
questionnaire ofagreed upon questions
to be provided to potential panelmembers and any additional questions
to which theparties disagree .The Partieswill provide all required 1 June 2020disclosures per R . M . C . 914 .
The Parties shallprovideany proposed 1June 2020
findings and sentencing instructions tothe Commission.
The Governmenthas produced to all 1 July 2020Accused all classified information it
intends to introduce in its case in chiefor as evidence marked for display to theAccused
The Defense shall give M . C . R . E . 1 August 2020
505 ( g A ) notice of all classified
information the Defense intends to
elicit or disclose during themerits
phase of the trial andduringpresentencingproceedings .TheGovernment shall provide notice September 2020
ofobjections to Defenseuse ofclassified information andGovernment
proposed alternatives to Defense use ofclassified information.
The Parties shall raise any final 1 October 2020
evidentiary issues arising from pre -trialCommission rulings.
October 2020
1November 2020
The Parties shall provide proposed voir
dire questions to the Commission.
Finalwitnessand evidence lists for AllParties are due to the Commission
along with a proposed trialplan for the
presentation of evidence.The Commission holds a final
scheduling conference with the parties .The Commission accepts the entry of
pleas by cach Accused and commenceswith voir dire of themembers.
7 December 2020
11January 2021
BRIEFING SCHEDULE
TheGovernment shall work with the CA to provide logistics brief to the Commissionand theDefense addressing the followingmattersand setting forth how the Government intends to ensure the
trial is ready to proceed on the scheduled trial date . Thebriefingswill be in writingwith an oral
presentation during the next scheduled Commission hearings
. Adequate Office Space for theparties
and the judiciary
Initialbriefing NLT 1
November 2019
2 . Lodging for the parties, the judiciarythe members, the public and themedia press
Second briefing NLT 1
February 2020
Third bricfing NLT 1May20203. The PA plan and facilities to be made
available to accommodate themedia pressand their in the trial. Fourth briefing NLT
August 20204 . Security clearances for experts ,
consultants , members of trial and defensetcamsand all to the
Commissions by the CA
Fifth briefing NLT 1
September 2020
Sixth briefingNLT
October 2020. Transportation plan for witnesses,
members ,parties, judiciary, etc during themotion practice, voir dire and the trialitself.
Seventh briefing and itemscomplete NLT 1
November 2020
6 . The provision of food for everyoneassociated with the trial in any capacity forthe 9 months or so that the trial process
could last.
FinalbriefingNLT 1
December
7 . The plan foraccommodatingmedical
emergencies that cannot be handled on theisland.
8 . The plan for redeploying participantsduring Commission approved breaks inhearing
9 . The plan for sequestering themembersfor weeks at a time.
10. Theplan for ensuring thatmilitarymembers do not lose BAH and other
entitlements during extended .
11. The CA ' s plan for per diem during theextended sessions of the Commission .