CHIEF PROSECUTOR MARK MARTINS
REMARKS AT GUANTANAMO BAY
14 OCTOBER 2017

On Monday, October 16, 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 that resulted in the deaths of nearly 3,000 persons. I emphasize that the charges
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 will be joined by the family members of Richard Daniel Winter, Carl Molinaro,
Edward “Eddie” Rowenhorst, Weibin Wang, Roseanne Patricia Lang and Brendan Lang.
Richard Winter died from an illness related to his performance of duty on September 11,
2001, as an Inspector for the New York City Police Department. A Harvard graduate and
Vietnam-era Navy veteran, his family remembers him as a kind, smart, generous, capable,
hardworking, and Christian man. He was survived by his wife, Jean, and one son, Daniel. Carl
Molinaro, a New York City firefighter, died on September 11, 2001 in the attack on the World
Trade Center. His two children, Carl and Sabrina, and his family remember Carl as loving,
funny, smart, strong, and a skilled craftsman. Eddie Rowenhurst died as a result of the attack on
the Pentagon. He and his wife Traci had two daughters, Ashley and Kaitlyn. His youngest
daughter was three years old when he was killed. Eddie grew up in Prince William County,
Virginia, and interned at the Pentagon while in college. After graduating from George Mason
University in 1992 with degrees in Accounting and Management Information Systems, he was
hired at the Pentagon.
Weibin Wang was a Senior Financial Analyst for Cantor Fitzgerald and was killed on
September 11, 2001 in the attack on the World Trade Center. Dr. Wang received his Ph.D. in
May 1994 from the Graduate School of Arts and Sciences, Columbia University of New York.
He co-authored six scientific papers, four as the lead author, which have had a lasting impact,
having been cited 63 times by other scientists who are furthering his work. Dr. Wang and his
wife Wen Shi had three children: Raymond, Marina, and Richard. He was always deeply
involved in his family life and his children’s education.
Roseanne Patricia Lang was killed in the attack on the World Trade Center. Roseanne
was a Senior Sales Trader for Cantor Fitzgerald who loved to read, swim, take long walks, and
write. She loved children and especially enjoyed playing with her young nieces and nephews.
Her aspirations were to retire from Wall Street and become a schoolteacher. Her favorite
moments were spent at the beach with family and friends. Brendan Lang, Roseanne’s nephew
and an engineer for Structure Tone, was also killed in the attack on the World Trade Center.
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 Brendan is remembered as a husband, best friend, protector, provider, music lover, practical
joker, Yankee fan, and patriot. We pause to remember and honor these individuals and their
families, who continue to meet heartbreaking tragedy with dignity and grace. Their examples
inspire us and provide enduring tributes to those whom they loved and to the legacies that live
on. Recognizing their examples and our solemn duty to them, we remain focused on moving
these cases to trial.
Next week’s session represents another step in our effort to do so. During this session,
the Commission will consider 20 pretrial motions. See Appellate Exhibit 522 and Appellate
Exhibit 522E. The motions the Commission intends to consider include:
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Appellate Exhibit 114—Motion to Compel discovery of Information Related to
Buildings in Which the Accused or a Potential Witness Has Been Confined;

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Appellate Exhibit 133RR—Mr. al Baluchi’s Motion to Permanently and Verifiably
Disable Audio Monitoring Capability in Attorney-Client Meeting Rooms;

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Appellate Exhibit 152LL—Emergency Motion for Show Cause Why The
Government, JTF Camp Commander And JTF Guard Force Members Should Not Be
Held in Contempt;

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Appellate Exhibit 152OOO—Defense Motion to Compel Discovery;

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Appellate Exhibit 200MM—Mr. al Baluchi’s Motion to Reconsider Appellate Exhibit
200II Order in Light of New Restrictions on Right to Communicate About Torture;

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Appellate Exhibit 336—Defense Motion to Compel Non-redacted Detainee
Information Management Systems (DIMS) Reports and Allow the Defense to Share
The Reports with Mr. al Hawsawi;

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Appellate Exhibit 350C—Defense Motion for Deposition of Witness Known as “The
Former CIA Interpreter Utilized by Mr. bin al Shibh’s Defense Team”;

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Appellate Exhibit 350O—Mr. al Baluchi’s Motion to Compel Production of
Information Regarding the Former CIA Interpreter Utilized by Mr. bin al-Shibh’s
Defense Team;

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Appellate Exhibit 359F—Government Motion To Reconsider Appellate Exhibit
359E, Ruling, Government Motion for the Commission To Inquire Into the
Circumstances of Representation and Impose Procedural Requirements on Joint
Defense Agreements To Further Safeguard the Accused’s Right to Conflict Free
Counsel;

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Appellate Exhibit 373—Defense Motion to Dismiss For Government Intrusion Into
Attorney-Client Relationship;

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Appellate Exhibit 375M—Defense Motion to Reconsider In Part the Commission’s
Ruling in Appellate Exhibit 375L;

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Appellate Exhibit 399—Defense Motion to Compel JTF-GTMO to Permit In-Person
Visitation between Mr. bin ͑Atash and Members of his Family;
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Appellate Exhibit 444—Defense Motion to Compel Production of JTF-GTMO
“Threat Assessments” and Camp Commander Pass-Down Information Concerning
Mr. al Hawsawi;

•

Appellate Exhibit 478—Government Renewed Motion For a Trial Scheduling Order;

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Appellate Exhibit 502—Defense Motion to Dismiss for Lack of Personal Jurisdiction
due to the Absence of Hostilities;

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Appellate Exhibit 510—Mr. al Baluchi’s Motion to Compel Information Relating to
Operation INFINITE REACH;

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Appellate Exhibit 514—Mr. al Baluchi’s Motion to Compel Information Regarding
Political Military Plan;

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Appellate Exhibit 517—Defense Motion to Compel Discovery of Metadata from
Electronically Stored Detainee Treatment Discovery;

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Appellate Exhibit 523—Mr. al Baluchi’s Motion to Compel Production of Identities
of Witnesses Referred to by Pseudonym in Discovery;

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Appellate Exhibit 525—Mr. al Baluchi’s Motion to Compel Information Identifying
the Locations of Black sites in Which the United States Imprisoned Mr. al Baluchi.

All of these motions have been fully briefed—meaning the Commission has received
written briefs from the parties—and their docketing for this week means that the Military Judge
intends to hear oral argument on some or all the issues raised by the motions.
Developments in United States v. Abd al Hadi al-Iraqi
A hearing in the military commission convened to try Abd al Hadi al-Iraqi was originally
scheduled for the first week of October. However, that session was canceled. The next session
for that case is scheduled for mid-December.
Other Matters of Interest
On October 10th, the United States Supreme Court denied Ali Hamza Ahmad Suliman al
Bahlul’s petition for a writ of certiorari to review the 2016 decision of the Court of Appeals for
the District of Columbia Circuit upholding Bahlul’s conviction for conspiracy to commit war
crimes. The Court’s denial ends the direct appeal of Mr. al Bahlul’s military commission
conviction. As a result of the denial, his case will be returned to the United States Court of
Military Commission Review to address his resentencing. Bahlul received a life sentence at his
trial in 2008.
A significant and solemn anniversary occurred this week. October 12th marked the
seventeenth anniversary of the attack on the USS COLE. That attack killed 17 American Sailors
while their ship was refueling in Aden Harbor, Yemen. This week we remember and honor their
sacrifice.

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 In compliance with the Military Judge’s order in the case against Abd al-Rahim Hussein
Muhammed Abdu Al-Nashiri, who is charged with conspiring and leading the attack on the USS
COLE, United States Southern Command procured a Magnetic Resonance Imaging machine for
temporary use at Guantanamo Bay. This medical imaging equipment is also being made
available as a diagnostic tool to other military commission accused. Defense counsel for those
accused have been notified of the availability of the machine.
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For their continuing support to these proceedings, I commend and thank the Soldiers,
Sailors, Airmen, Marines, Coast Guardsmen, and government civilians of Joint Base Andrews,
Joint Task Force Guantanamo, and Naval Station Guantanamo Bay.

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