CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY April 23 2017 Good evening. This week the Military Commission convened to try the charges against Abd al Hadi al-Iraqi will hold its 11th pre-trial session without panel members present. Abd al Hadi is charged with committing serious violations of the law of war by conspiring with and leading others, as a senior member of al Qaeda, in a series of unlawful attacks and other offenses in Afghanistan, Pakistan, and elsewhere from 2001 to 2006. These attacks and other offenses allegedly caused death and injury to U.S. and coalition service members and civilians, and caused damage to or destruction of property. The charges against Abd al Hadi are only allegations. The Accused is presumed innocent unless and until proven guilty beyond a reasonable doubt. 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. We are honored to have Mr. William Eggers, the father of CPT Daniel William Eggers, who was killed by an improvised explosive device (IED) in Afghanistan on May 29, 2004. The accused is charged with orchestrating and ordering the type of IED attack that took CPT Eggers’ life. Daniel was an American hero. He was a Green Beret, fluent in Arabic, and had already served one tour in Afghanistan but volunteered to go back. The Eggers have a rich history of service to the nation — going back to Daniel’s great-grandfather who served with Teddy Roosevelt’s Rough Riders, and his father Bill Eggers, who was a helicopter door gunner during the Vietnam War. Mr. Eggers is here observing the proceedings pursuant to modern laws that protect the interests of victims and their families. Their participation is part of an increasingly common practice within the United States system of criminal justice. Bill Eggers’s presence here today reminds us of what is at stake in these proceedings. Expected Developments in United States v. Abd al Hadi al-Iraqi Although I will not comment on the specifics of any motions pending before a military commission, I will provide background for this week’s pre-trial sessions. The Docketing Order for this week’s pre-trial sessions is Appellate Exhibit 77, as amended by Docketing order Appellate Exhibit 77C. Both will soon be available on the Military Commissions website after security review is complete. According to these Docketing Orders, the Commission will hear argument and receive evidence, as required, with respect to a number of motions. Appellate Exhibit 057K is a Defense motion to cancel a scheduled 26-30 June hearing because it conflicts with Eid al Fitr. Eid al Fitr is the Muslim holiday celebrating the end of the month of fasting (Ramadan). This year, Ramadan ends on Sunday, 25 June. The Commission will also hear argument and receive evidence on several motions related to the deposition of Mr. Ahmed al-Darbi. In Appellate Exhibit 70J, the defense seeks reconsideration of the judge’s 21 February 2017 ruling in Appellate Exhibit 70I that granted the deposition of Mr. al-Darbi. Similarly, the Court will make a determination on Appellate Exhibit 70L—a defense motion to examine Mr. al-Darbi concerning any enhanced interrogation he experienced. Finally, the judge will consider Appellate Exhibit 70R—a defense motion to compel additional discovery related to Mr. al-Darbi. The court will also hear argument on Appellate Exhibit 71, a defense motion for discovery of any and all documents related to the Senate Select Committee on Intelligence Report on the RDI program, as well as Appellate Exhibit 72, wherein the defense seeks a judicial announcement that the military commission proceedings are governed by the U.S. Constitution. The commission is also scheduled to consider Appellate Exhibit 74, in which the defense has requested that the court allow the Accused to waive his appearance at the initial session of the hearing. In Appellate Exhibit 75, the defense requests the dismissal of all charges because of an alleged issue involving how Air Force paralegals are evaluated. Defense describes this issue in the motion as a “Structural Conflict of Interest.” In Appellate Exhibit 76, the defense asks the Commission to require the government to declare whether Mr. Abd al Hadi al-Iraqi will be released from custody following an acquittal or after the completion of any sentenced imposed by the tribunal. The following defense motions were added on 17 April 2017 to the proceedings by Appellate Exhibit 77C, the Amended Docketing Order: Appellate Exhibit 78 is a motion to dismiss all charges against the accused because of the claim that the Convening Authority’s dual judicial and prosecutorial responsibilities violate the Due Process Clause; Appellate Exhibits 79 and 80 are motions to compel discovery. On a separate note, in the military commission case of United States v. Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarek Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam Al Hawsawi, the military judge dismissed two non-capital charges on 7 April 2017 due to his finding they were barred by the passing of the Statute of Limitations. The government has filed notice of its intent to appeal this ruling with the U.S. Court of Military Commission Review, and we will file our brief not later than Monday, 24 April. Defense counsel in that case sought abatement of the proceedings, but the judge denied that motion, meaning the case will proceed on the remaining charges pending the appeal. * * * * 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.