UNCLASSIFIED//FOR PUBLIC RELEASE MILITARY COMMISSIONS TRIAL JUDICIARY GUANTANAMO BAY, CUBA UNITED STATES OF AMERICA AE423 v. KHALID SHAIKH MOHAMMAD, W ALID MUHAMMAD SALIH MUBARAK BIN ATTASH, RAMZI BIN AL SHIBH, ALI ABDUL AZIZ ALI, MUSTAFA AHMED ADAM ALHAWSAWI DOCKET ORDER 4May 2016 1. A hearing in this case will take place 30 May - 3 June 2016, at the US Naval Station, Guantanamo Bay, Cuba. The hearing will begin at 0900 on 30 May 2016. 2. A Rule for Military Commission (R.M.C.) 802 Conference will be held on 28 May 2016 at 1700, to discuss the sequence of argument and changes to the Docket Order. 3. All accused must be present for the session on 30 May 2016. 4. The Commission will receive evidence and hear argument on the following motions during the session. a) AE 018W: Joint Defense Motion to Amend AE 18U, Privileged Written Communications Order; b) AE 018Y: Government Emergency Motion for Interim Order and Clarification that the Commission's Order in AE 01 SU Does Not Create a Means for Non-Privileged Communications to Circumvent the Joint Task Force Mail System; c) AE 018BB: Defense Motion to Compel Paper Discovery in Accordance with Privileged Written Communications Order; d) AE 018EE: Defense Motion to Compel Discovery Responsive to Mr. Mohammad's Request for Discovery Dated 14 March 2014; e) AE 018HH: Defense Motion to Amend AE 01 SU to Require the Privilege Review Team to Process Classified and Other Material Releasable to Mr. bin 'Attash; Appellate Exh bit 423 Page 1of4 UNCLASSIFIED//FOR PUBLIC RELEASE UNCLASSIFIED//FOR PUBLIC RELEASE f) AE 018KK: Defense Motion to Invalidate Non-Legal Mail Restrictions Unrelated to Legitimate Penological Interests; g) AE 018MM: Defense Motion to Compel Reasonable Privilege Review Team Hours of Operation; h) AE 018PP: Defense Motion for Government to Show Cause For Its Violation of AE018U; i) AE 018QQ: Mr. al Baluchi's Supplement to Defense Motion for Government to Show Cause for Its Violation of AE 018U; j) AE 018TT: Defense Motion for Appropriate Relief Regarding AE 01800 (MAH); k) AE 018VV: Defense Motion to Modify AE 018U, Privileged Written Communications Order, to Facilitate Case-Related Outbound Communications; l) AE 018FFF: Defense Motion to Compel Production of Witnesses for the Evidentiary Hearing on Motions in the AE 018PP Series; m) AE 018VVV: (Classified); n) AE 112: Motion to Compel Discovery Related to White House and DOJ Consideration of the CIA Rendition, Detention and Interrogation Program; o) AE 114F: Defense Motion to Compel Government to Grant Defense Counsel Access to Buildings and Locations in Which the Defendants May Have Been Confined; p) AE 118: Motion to Abate Proceedings Pending Compliance with Protective Order #1; q) AE 133: Emergency Defense Motion to Remove Sustained Barrier to Attorney-Client Communication and Prohibit any Electronic Monitoring and Recording of Attorney-Client Communication in any Location, including Commission Proceedings, Holding Cells, and Meeting Facilities and to Abate Proceedings; r) AE 152LL: Emergency Motion for Show Cause Why The Government, JTF Camp Commander And JTF Guard Force Members Should Not Be Held in Contempt; s) AE 183: Joint Defense Motion for Telephonic Access for Effective Assistance of Counsel; t) AE 191: Defense Motion to Compel Production of Information; u) AE 206: Mr. Mohammad's Motion to Cease Daily Intrusive Searches of Liv ing Quarters and Person; 2 Appellate Exhibit 423 Page 2 of 4 UNCLASSIFIED//FOR PUBLIC RELEASE UNCLASSIFIED//FOR PUBLIC RELEASE v) AE 252: Defense Motion to Compel Discovery of Non-Redacted Discovery Marked "MEM"; w) AE 286: Defense Motion to Compel Discovery of Senate Select Committee on Intelligence Study of RDI Program and Related Documents; x) AE 308: Defense Motion to Compel Discovery Regarding CIA Rendition, Detention, and Interrogation Program; y) AE 310: Defense Motion to Compel Discovery of ICRC Records from Afghanistan; z) AE 350C: Defense Motion for Deposition of Witness Known as "The Former CIA Interpreter Utilized by Mr. bin al Shibh' s Defense Team"; aa) AE 3500: Mr. al Baluchi's Motion to Compel Production oflnformation Regarding the Former CIA Interpreter Utilized by Mr. bin al-Shibh 's Defense Team; bb) AE 362E: Mr. al Baluch i's Motion to Modify Scheduling Order; cc) AE 360: Defense Motion to Compel Discovery Related to Audio and Video Messages to Family; dd) AE 367: Motion to Dismiss Because National Security Considerations Make a Fair Trial Impossible; ee) AE 371: Mr. Mohammed's Motion to Send Letter to the President; ff) AE 373: Defense Motion to Dismiss For Government Intrusion Into Attorney-Client Relationship; gg) AE 375: Defense Motion to Compel Discovery Requested on 1 August 2014 Concerning Interrogations and Other Matters; hh) AE 386: Defense Motion to Invalidate Touhy Requirements as Non-Reciprocal Discovery; ii) AE 390: Government Motion For Protective Order Regarding Cockpit Voice Recorders Pursuant to 49 U.S .C. ยง 1154; jj) AE 391: Government Motion For the Admission of Death Certificates Into Evidence; kk) AE 396: Notice of Position on "Pending Classification Review"; 11) AE 399: Defense Motion to Compel JTF-GTMO to Permit Visitation between Mr. bin 'Atash and Members of his Family; 3 Appellate Exhibit 423 Page 3 of 4 UNCLASSIFIED//FOR PUBLIC RELEASE UNCLASSIFIED//FOR PUBLIC RELEASE mm) AE 400: Press Movants' Motion to Unseal 30 October 2015 Transcript of Public Proceedings (if briefing cycle is complete); and nn) AE 403: Defense Motion to Compel Discovery of CIA Oral History Program Interviews. 5. Counsel should be prepared to argue any other motion for which the briefing cycle has been completed. If either side believes other issues should be addressed, they may request the Commission amend this order. 6. If required, hearings under the provisions of Military Commission Rule of Evidence (M.C.R.E.) 505(h) will be conducted at times to be determined. 7. The time which has transpired since arraignment until the date of the next session (30 May 2016) shall be considered excludable delay in accordance with R.M.C. 707(b) (4) (E) (i) and R.M.C. 707(c). I find that the interests of justice have been served by granting continuances for the resolution of interlocutory and other pretrial issues, and that the resolution of these issues outweighs the interests of the public and the accused in a prompt trial. So ORDERED this 4th day of May, 2016. !Isl! JAMES L. POHL COL,JA, USA Military Judge 4 Appellate Exhibit 423 Page 4 of 4 UNCLASSIFIED//FOR PUBLIC RELEASE UNCLASSIFIED//FOR PUBLIC RELEASE MILITARY COMMISSIONS TRIAL JUDICIARY GUANTANAMO BAY, CUBA UNITED STATES OF AMERICA AE423A v. AMENDED DOCKET ORDER KHALID SHAIKH MOHAMMAD, W ALID MUHAMMAD SALIH MUBARAK BIN ATTASH, RAMZI BIN AL SIDBH, ALI ABDUL AZIZ ALI, MUSTAFA AHMED ADAM ALHAWSAWI 13 May 2016 The following motions are added to the Docket Order for the Commission hearings scheduled to take place 30 May -3 June 2016: 1. AE 161: Defense Motion to Require the Government to Comply with MCRE 506 Regardi ng Redaction of Unclassified Discovery. 2. AE 422: Government Motion To Conduct Depositions of Certain Witnesses. So ORDERED this 13th day of May, 2016. /Isl! JAMES L. POHL COL, JA, USA Military Judge 1 Appellate Exh bit 423A Page 1 of 1 UNCLASSIFIED//FOR PUBLIC RELEASE