CHIEF PROSECUTOR MARK MARTINS
REMARKS AT GUANTANAMO BAY
11 DECEMBER 2016
Good evening. The upcoming sessions in the case of United States v. Abd Al Rahim
Hussayn Muhammad Al Nashiri will be the final proceeding for what has been a year of forward
movement in this case specifically, but also in military commissions generally. There has been
significant progress toward trial in all three of the active commissions. These three prosecutions
involve seven accused senior members of Al Qaeda—six facing capital charges for serious
alleged violations of the law of war.
The forward movement is welcome news to the family members of two of the sailors
who died on board the USS COLE, as well as to two sailors who served on the USS COLE and
also endured the attack. These family members and fellow sailors observe the proceedings
pursuant to modern laws that protect the interests of victims. Their participation is part of an
increasingly common practice within the United States system of criminal justice; still, the
attendance of these surviving and still-grieving family members and shipmates can never be
routine, as what might appear to be a dry legal proceeding can powerfully affect them. Their
presence reminds all of us what is at stake.
With us is retired Navy Chief Petty Officer Ronald Francis, who is here to remember his
19-year old daughter, Seaman (Mess Management Specialist) Lakeina Francis, who was
murdered in the treacherous attack. Thomas Wibberly and his brother Bruce Wibberly also join
us in memory of Thomas’s 19-year old son, Seaman Apprentice Craig Bryan Wibberly, who also
died in the attack. Retired Command Master Chief James Parlier served as the senior enlisted
advisor on the USS COLE. Command Master Chief Parlier is accompanied by his wife, Nelle.
Retired Senior Chief Petty Officer Joe Pelly was the Storekeeper aboard the ship at the time of
the attack. He is accompanied by his wife, Sharon. As we have said before, but it bears
repeating, you honor us—and the memory of your loved ones—with your presence. And while
this trial process has taken a long time, know that the United States will not rest until justice is
done.
Key Milestones to Date
Earlier this year, the United States Court of Military Commission Review
(“U.S.C.M.C.R.”)—our first reviewing court, deciding two separate interlocutory appeals by the
goverment—reinstated charges that had been dismissed and restored evidence that had been
excluded. The U.S.C.M.C.R.’s reviewing court, the United States Court of Appeals for the
District of Columbia Circuit, also this year ruled in the government’s favor by denying Al
Nashiri’s challenge to the Commission on the ground that the charged criminal conduct did not
take place in the context of hostilities. These three appellate decisions cleared the way for the
proceedings to fully resume, and we have subsequently had two sessions and made significant
progress. This week’s sessions are scheduled to occur from 12 through 16 December 2016. See
Docketing Order (December 2016 Hearing) at Appellate Exhibit 366 and Amended Docketing
Order at Appellate Exhibit 366B.

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To date, the government has provided more than 265,000 pages of discovery to the
defense. Also, as of the 30th of September of this year, the government has proposed many
thousands of pages to the Judge for provision to the defense, once appropriate Judge-approved
substitutions are made so as to protect classified information. See generally Appellate Exhibit
120AAAAAA (Government Notice of Compliance with Order Compelling Discovery Relating
to the CIA’s Former RDI Program and with Affirmative Discovery Obligations); see also United
States v. Mohammad, et al., AE 397G (providing similar notice of compliance). This discovery
milestone is a critical one, facilitating firmer scheduling of additional trial milestones by the
military judge.
Though we have made substantial progress this year, we remain mindful that our work is
not done. In the meantime, Al Nashiri is being securely and humanely held as a belligerent under
the law of armed conflict.
Developments and Upcoming Proceedings in United States v. Al Nashiri
 

This week, the Military Commission convened to try Abd Al Rahim Hussayn
Muhammad Al Nashiri will hold another series of pre-trial sessions without panel members
present. Al Nashiri is charged with murder, terrorism, and other violations of the law of war
relating to the bombing of USS COLE, the attempted bombing of USS THE SULLIVANS, and
the bombing of MV Limburg. The charges against the Accused are only allegations. The
Accused is presumed innocent unless and until proven guilty beyond a reasonable doubt. He is
also represented by a zealous and well-resourced defense team. Matters under consideration by a
military commission in this or any other particular case are authoritatively dealt with by the
presiding Judge. Any comments addressing systemic issues that are the subject of frequent
questions by interested observers should always be understood to defer to specific judicial
rulings, if applicable.
Although I will not comment on the specifics of any motions pending before a military
commission, I am available to provide legal context and background. The Docketing Orders list
13 motions that the Commission intends to take up. See Appellate Exhibits 366 & 366B. I will
not go into detail regarding each of them, but I will note that the Commission intends to hear
argument on two motions to dismiss, six motions to compel, two motions to abate the
proceedings, one motion for appropriate relief, one motion to strike several government filings,
and one Special Trial Counsel motion for an interim order. It is also likely the parties will
discuss and the Judge will hear argument on the impact of the recent U.S.C.M.C.R. decisions on
a number of motions, orders, and rulings that had previously been issued by the Commission and
on a number of motions that had previously been mooted by the Commission. See Appellate
Exhibits 361A & 361B.
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We thank the Soldiers, Sailors, Airmen, Marines, Coast Guardsmen, and government
civilians of Joint Base Andrews, Joint Task Force Guantanamo, and Naval Station Guantanamo
Bay for their continuing support to these proceedings.

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