CHIEF PROSECUTOR MARK MARTINS
REMARKS AT GUANTANAMO BAY
13 MAY 2017
Good afternoon. On Monday, 15 May 2017 the Commission convened to try Khalid
Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali
Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi will hold another series of pre-trial
sessions without panel members present. These five Accused stand charged with plotting the
attacks of September 11th, which resulted in the deaths of nearly 3,000 persons. I emphasize
that the charges against the Accused are only allegations. The Accused are 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 family members of the 9/11 Fallen with us here this week to
observe the proceedings. Rosemary Dillard’s husband Eddie Dillard perished on American
Airlines Flight 77. Eddie was passionate about dominoes and whist and would proclaim himself
an expert in each to anyone who would listen. Abraham Scott’s wife Janice Scott died in the
Pentagon. Janice, an Army supervising budget analyst, was an avid genealogist who would drive
around the southern United States tracing her ancestral roots. Darra Mulderry is the sister of
Stephen Mulderry, who died on the 88th floor of the South Tower. Stephen was an NCAA
basketball star who set the University of Albany’s all-time assist record in the 1989-1990 season
with an average of 4.27 per game. Peter Regan is the son of first responder Donald Regan, a
firefighter who earned several citations and medals for bravery with Rescue Company 3 of
FDNY. Peter, a veteran of deployments as a United States Marine infantryman in Iraq and
Afghanistan, is now continuing the family tradition of public service as a firefighter in New York
City. James and Patricia Smith are the husband and daughter of Moira Smith, the first police
officer to report to the terrorist attacks of September 11, 2001. Patricia was only two years old
and holding her father’s hand when she walked across the stage at Carnegie Hall to receive the
NYPD’s Medal of Honor that was posthumously awarded to her mother. Steven J. Hagis is the
father of Steven M. Hagis, who died on the 105th floor of the North Tower on 9/11. Steven was
active in his church, teaching both childrens’ Sunday school as well as a bible study for young
married couples.
These family members are here observing the proceedings pursuant to modern laws that
protect the interests of victims and their families. Their presence reminds us of what is at stake
in these proceedings.
Proceedings in United States v Khalid Shaikh Mohammad et al.
Since the last proceedings on the record in March of 2017, there have been a number of
court filings over a variety of issues. The Military Judge’s Docket Order and 2nd Amended
Docket Order list 23 separate matters; these Docket Orders are available at Appellate Exhibits
500B and 500I. Some 12 motions will likely receive the bulk of attention, as most of the
remainder have either been resolved or are poised for litigation in a future session. Motions
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 likely to be litigated this week include a defense motion to dismiss on the claim that a state of
hostilities did not exist on September 11, 2001 (Appellate Exhibit 488) and a defense motion to
dismiss the charges of conspiracy, hijacking, and terrorism on the claim that these offenses in
the Military Commissions Act are unconstitutional Ex Post Facto laws (Appellate Exhibit 490).
The Government’s renewed motion to admit hijacker activity records into evidence, Appellate
Exhibit 491, is also docketed.
On 7 April 2017, the Military Judge dismissed Charges III (Attacking Civilian Property)
and V (Destruction of Property in Violation of the Law of War) on the ground that the five-year
statute of limitations in Article 43 of the Uniform Code of Military Justice applied to these
proceedings, and such limitations period had expired before the United States brought these two
non-capital charges against the Accused. The government is appealing this ruling, having filed
its Notice of Appeal on 12 April and its brief with the United States Court of Military
Commission Review (U.S.C.M.C.R.) on 24 April. A joint response brief was filed by the
Accused on 8 May, and the government will file a reply to that response on Monday, 15 May. A
three-judge panel of the U.S.C.M.C.R.—the military and civilian first-level appellate court
established under the Military Commissions Act—will then decide the appeal. Trial Judge Pohl,
meanwhile, has ruled that other matters before the military commission may proceed while the
government’s interlocutory appeal before the U.S.C.M.C.R. is pending. Filings associated with
this litigation are available on the Military Commissions website at the Appellate Exhibit 251
series and at U.S.C.M.C.R. # 17-002.
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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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