UNCLASSIFIEDIIFOR PUBLIC RELEASE

DEPARTMENT OF DEFENSE
OFFICE OF THE CHIEF PROSECUTOR OF MILITARY COMMISSIONS
1610 DEFENSE PENTAGON

WASHINGTON, DC 20301·1610

7 August 2014
ME\t10RA~DU\1 FOR

('01\ VENING AUTHORITY. OFFICE OF \1IUT ARY

CO\1f..iISSIO~S
SUBJECT-

ocr Asscs.~mcnl orTotal Cases Forecast through FY 2019

I. You rcquoled 01) assessment ortlle lotal nUIMer of c.-.scs 111:11 the Office of\1i1lttlr)

Conunis!.lOns should be prepared to suppnn through FY 2019 under the Future Years Defense
Program. The following mformation ts provided.

2. Cases currently mom or rt'ferred to militllr) commission. All the bela'" "crt referred as
capital cases.. Tnalon the merits in U.S. \'. "'ashui is curTt"llll) scheduled 10 commence In
February 2015. but is likely to be delayed funhcr. No otht.'T" case has a trial date 5<.1. .5. v.
Khahd haikh Mohammad. et al.. was referred as apln! 1nal offiw co-accused. One ortlle
accused (Ramzi bUl AI Shibh) "'as se'\ ercd by ordcr ofthe nuhtary Judge. and a dcfl"llSC request
fQr q"'lT:UlCC of another co+accused (Ha\olo:>3wi) is currcntly pending bclOrc the commts'iion.
n. U.S. \'. Khalid Shaikh Mohammad. et al.
b. .S. v. Ranw bin AI Slubh
c. U.S. \. Nashlri
d. L.S. \. Hadi aI-Iraqi

J. Additional detainees potentially facing ""orn charg('s. [t is anticipatl.'(f that churgcs could
be sworn against any or all of the below within the next Iwcl\c months.
a. Rlduan Isnmuddin aIkIa Hambah

b. Zubair
e. Lillie
d. Abdul Zllhir

.... Cllses I)cnding dcferr('d sentencing hearing.

a. U.S. v. Majid Khan (sentencing deferred until 2016)
b. U.S. v. 31 Oarbi (sentencing Jdl..TfI.'(f unlil 201 7)

ATIORNEY WORK PRODUCT / PREDECISIONAU
DEUBERATNE i::\ ;ess PRlVILEGED

-"''=1 -..- ....

Appellate Exhibit 152JJJ (RaS)
Page41of42

Filed with TJ
9 Seplember 2016

UNCLASSIFIEDIIFOR PUBLIC RELEASE

 UNCLASSIFIEDIIFOR PUBLIC RELEASE

SUBJECT:

ocr Ass(.'SS11lcnt ofTota! Cnses Forecast through FY 201l)

5. C:ues currl'nlly pending appdlalc rc\'j('w.
a. U.S. \. al Bahlul (D.C. Coun ofAppeals V3Q.ltOO m:llcr;al suppon (0 terrorism
conviction and remanded to Coun of Military Commissions Review (CMCR) nn
other issues)
b. U.S. v. Hicks (appeal fik'Cl with the CMCR to sct llSidc cOTlviction)
c. U.S. v. Khadr (appeal filed wilh the CMCR 10 sct aside conviction)
d. U.S. v, al Qosi (appeal filed with D.C. Cuuo of Appeals to set aside conviction)

6. Detainees currenlly represented by milillu1' defense counsel. The following dClainc.:es, with
dClaik'd defense counsel from the Office ortbe Chief Defense Counsel, should retain their current
representation:

a.

Al Hajj Abdu Ali Sharqawi

b.
c.

Tariq al Sawah
Sanad Ali Vislam al-Kazimi

7. Possible future cases. My officc continues to invest 19a1c OIh{.'f detainees held ill U.S. military
custodyal GTMO and other locations. With further investigation, some oflhese may ripen in
chargeable cases. However. ocr has no plan. in the foreseeable future. to swear charges againsl
any other detainee not listed in this lntml()randum.
8. Please contact me with any questions.

MARK S. MARTINS
Brigadier General, U.S. Anny
Chief Pros{.'Cutor

2
ATIORNEY WORK PRODUCT I PREDECISIONAU
DELIBERATIVE PROCESS PRIVILEGED

Appellate Exhibit 152JJJ (RBS)
Page 42 of 42

Filed with TJ
9 September 2016

UNCLASSIFIEDIIFOR PUBLIC RELEASE