UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 [The R.M.C. 803 session was called to order at 0945, 2 16 February 2018.] 3 MJ [Col SPATH]: Commission is called to order. All of 4 the parties who were present yesterday are again present, and 5 General Martins has rejoined us. 6 7 8 9 Mr. Nashiri is not here. Trial Counsel, do you have somebody to address that? TC [MR. MILLER]: We do, Your Honor, and Colonel Wells will be handling that matter. MJ [Col SPATH]: Proceed. 10 MAJOR, U.S. ARMY, was called as a witness for the prosecution, 11 was reminded of his oath, and testified as follows: 12 DIRECT EXAMINATION 13 Questions by the Managing Assistant Trial Counsel [COL WELLS]: 14 15 Q. Major, good morning. commission before. You've appeared before the You're under oath still. 16 A. I understand. 17 Q. Did you have an opportunity to meet with the accused 18 19 this morning? A. I did meet with him this morning. Actually, I met 20 with him last night to advise him that we would be in an open 21 session today, and I delivered a letter that Lieutenant Piette 22 had written last night. 23 to remind him that he did have a commission this morning at But I did meet with him this morning UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12357 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 9:30. 2 Q. And then what did he say in response? 3 A. When I asked him if he wanted to come -- he was 4 asleep when I got there. 5 the commission. 6 told him we would have the van, and he kind of paused and 7 thought, and said, "Then I'm just going to stay here today." 8 And I said, "Okay." 9 I asked him if he wanted to come to He asked if we had the van or the bus. I And I again asked him if he wanted me to then read 10 the statement of understanding to him in English as he 11 followed along in Arabic the way we've done before, and he 12 said, "Yes, thank you. 13 I read the entire two pages to him in English as he followed 14 along with the Arabic version. 15 any questions, and he indicated he didn't have any questions, 16 and he signed the second page. 17 date was, and the linguist advised him it was the 16th. That's fine." And then I asked him if he had He asked the linguist what the 18 Q. 19 pages. 20 accused about his appearance today? 21 22 23 A. And that's what we did. Before you is Appellate Exhibit 375K; it's three Is that the same form you used to discuss with the This is the exact same form that I used this morning when I met with Mr. Nashiri. Q. And on the second page, you've testified that that UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12358 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 2 was his signature? A. Yeah. So he signed the "ACCUSED" line in my presence 3 and then dated it, and then I signed the "WITNESS" line and 4 dated it. 5 6 Q. You had mentioned that he asked about the mode of transportation. 7 A. He did. 8 Q. Did you discuss with -- that further with him? 9 A. He didn't ask any other questions. And then he 10 wanted to know whether we would be bringing the bus or 11 bringing the van, and I advised that we'd be bringing the van. 12 And that's when he just kind of paused, and he said, "Okay. 13 I'm just" -- he goes, "I'm going to stay here today," and I 14 said, "Okay." 15 anything, and he didn't indicate that he had any questions. 16 Q. Okay. I asked him if he had any questions about With that discussion, did you form an opinion 17 whether or not he was exercising his right not to be here 18 voluntarily? 19 A. 20 questions. 21 voluntarily waived his right to be here today. 22 he signed the form, I offered him a chance to go to legal 23 meetings with his team, and he said he didn't want to go to Yes. Because he signed the form -- he had no He voluntarily signed the form. I believe he And then after UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12359 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 the legal meetings either. 2 3 4 Q. And what about the discussion with the van versus the A. Again, he didn't ask any other questions other than bus? 5 that. 6 today?" 7 and he didn't have any follow-up questions. 8 9 10 He just said, "SJA, will they have the van or the bus And I simply advised him that it would be the van, MATC [COL WELLS]: questions. MJ [Col SPATH]: 11 14 Thanks. Lieutenant Piette, any questions? 12 13 Your Honor, I have no further CROSS-EXAMINATION Questions by the Detailed Defense Counsel [LT PIETTE]: Q. Real quick, I want to make sure it's clear. It seems 15 pretty clear, but just to make sure. 16 decision about whether or not he was coming before he asked 17 the question about the van, did he? 18 A. He didn't make a I don't know what he was thinking before he asked the 19 question, obviously, but he did ask whether we were going to 20 bring the van which he rode in on Monday when he came to the 21 commission, or if we were going to have the bus available. 22 And I simply advised him that we would have the van available. 23 Q. Okay. He didn't tell you a decision before he asked UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12360 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 the question about the van? 2 A. Correct. 3 Q. Okay. 4 Then the only question that he did ask you was about the van or the bus? 5 A. That's the only question he had. 6 Q. And it was after that that he then made his decision 7 8 9 10 whether to come or not? A. That's -- right after we had that discussion, that's when he paused, and then he just simply said, "I want to stay here today." 11 Q. Okay. 12 A. Or something to that effect, obviously. 13 Q. I know you can't get into his mind, but to the extent 14 that you can form an opinion on it, would you say that his 15 decision was based on the mode of transportation? 16 A. I don't know. Obviously, when we just had the bus -- 17 there were oftentimes he wouldn't come to the commissions 18 regardless of the mode of transportation when we just had the 19 bus, so I don't know how much that factors into his 20 decision-making process. 21 DDC [LT PIETTE]: 22 MJ [Col SPATH]: 23 DDC [LT PIETTE]: Thank you. I have no further questions. Colonel Wells, anything else? Actually ---- UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12361 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 MJ [Col SPATH]: 2 DDC [LT PIETTE]: Hang on. I don't know if this is the time for me 3 to make the point, but -- I don't know how much this will 4 factor into your decision on the voluntariness. 5 clear that his decision, while voluntary, was certainly based 6 on the mode of transportation. 7 that's on the record. 8 that now, but the court can certainly expect further pleadings 9 on that soon. 10 11 MJ [Col SPATH]: 13 14 15 I just want to make sure I don't know what can be done about You read -- you read my mind on a suggested way, road ahead if this continues. 12 I think it's Thank you. Colonel Wells. MATC [COL WELLS]: I don't have any questions. I would like to approach the witness to ---MJ [Col SPATH]: Hand that to the court reporters. 16 hand it to me after you give it to the court reporters. 17 Thanks. 18 19 20 21 22 23 Please Let me just take a look. [Pause.] MJ [Col SPATH]: I don't have any questions. thanks for your testimony. WIT: Thanks, Judge. [The witness was excused.] UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12362 As always, UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 MJ [Col SPATH]: All right. I do find the absence is 2 voluntary and knowing. 3 signed, so there's certainly an acknowledgment of the rights. 4 And there's nothing written on this one, unlike the one we saw 5 on Monday, which was a little different for the first time, 6 about the mode of transportation. 7 There's the form that is read and then I do believe the mode of transportation likely 8 factors into a voluntary, knowing decision to absent yourself 9 from the commissions. I would encourage, to the extent 10 possible, after all of this, to file pleadings to deal with 11 that. 12 what to do -- to do with this. 13 That's the right road ahead as we try to figure out I don't have a lot to say. One is in relation to 14 this alleged intrusion issue. 15 in the morning, that after I had made the best effort I could 16 to shed some sunlight on what is classified, both sides 17 approached my CISO to see if he would assist, because it was 18 my CISO who went to work with the OCAs to get things, to the 19 extent possible, reviewed, so I could read them to the public, 20 because the public has an interest in this. 21 I mentioned yesterday that -- That was my goal. And as I said yesterday when both sides approached my 22 CISO and said can you help, of course he called me and said, 23 "Is this something I can do?" And I said, "Please, to the UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12363 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 extent you can, assist." 2 In the theme I have said, I think, for four years, no 3 good deed goes unpunished. 4 to see if he could get declassified. 5 to it last night and said, "That's not the full story. 6 Lieutenant Piette needs to submit more." 7 I'm out. The defense gave him some things The government objected We're out of the business. My CISO is not 8 helping. 9 to have to work through the government in the normal process So the defense counsel, unfortunately, you're going 10 of declassification, and you all can get things declassified. 11 I've asked you for five months, I'm asking you again, to the 12 extent possible, declassify matters surrounding the alleged 13 intrusion. 14 I keep getting asked what. I would declassify all of 15 it. 16 But we're out of the business. 17 government had to do with we're objecting to the process. 18 There's no process. 19 favor. 20 Good luck. 21 That's what. I keep saying it. The e-mail back from the It was a favor. My CISO is not doing it. So I'll say it again. And so now it's not a So work through the process. Because in five months nothing got declassified. And here we are. Over the last five months -- yes, 22 my frustration with the defense has been apparent. 23 yesterday and I'll continue to say it. I believe it's UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12364 I said it UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 demonstrated lawlessness on their side; they don't follow 2 orders; they don't follow direction; they don't obey 3 commission regulations, or rules, or subpoenas, as we saw. 4 And I keep getting asked for more and more findings. 5 I don't know what more findings to make. 6 conclude -- the record contains findings. 7 put it on paper. 8 can. 9 times, I've entered findings of fact. The record You don't have to We make this process as cumbersome as we I don't know why. I have said on the record, multiple They've been in 10 writing, they've been verbal, they've been communicated. 11 They're there. 12 They're there. I held a general officer in contempt. That should 13 have stood out. 14 not oblivious to Colonel Aaron's, frankly, contemptuous 15 behavior the first time he appeared before me when I asked him 16 to come up here; when he scoffed at my authority and said I 17 don't know what -- how you can make me. 18 theme over here, frankly. 19 another contempt proceeding if ultimately I have determined it 20 incorrectly. 21 am waiting and continue to wait. 22 23 And it's ongoing. And I said yesterday, I'm Well, that's the But I'm not going to waste time on That's why we have appellate courts. And so I Frankly, I've been -- I've been in courts for 26 years. I've been involved in courts-martial. I was very UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12365 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 lucky in the Air Force to be involved in courts throughout my 2 career, unlike so many advocates. 3 in to do that and they don't get to. 4 advocate show up in Class B's time after time. 5 oblivious; I know what that says. 6 have for the commission is obvious. 7 tie, no coat; I get it. 8 message from the defense for five months. 9 received. 10 I got it. I know a lot of them come I've never seen a judge I'm not What little respect you A short-sleeve shirt, no That's the message. That's been the And it's well I've heard you. But I'm not going to waste time. I'm not going to 11 get in the mud. 12 right, that judge got in the mud all about whether or not we 13 should shave the beard, and of course ended up having to 14 recuse himself. 15 dirty. 16 I mentioned the Hassan case the other day, Because when you get in the mud, you get It doesn't work. And I'm not saying I never have in my 26 years. I've 17 come close to it here occasionally, getting dragged into it, 18 into debates, or what I really said or what's going on. 19 easy to do because we're all human. 20 think that judges aren't human, too, but we are, and I know 21 that. 22 23 It's I know we all like to And I tell my staff all the time, we can't get in the mud. You have to, have to, have to stay above the fray and UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12366 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 try to navigate the rules. 2 was a sleepless night. 3 thought my options were yesterday. 4 last night. 5 rewrote what I was going to do. 6 maybe the treadmill would either calm me down -- which it has, 7 of course. 8 went back and looked again, and looked again. 9 Not about me. I'll tell you, it The -- I laid out kind of what I I thought about them again I thought about them overnight. I wrote and I went to the gym. Give me more -- more reflection. It did. I thought And I Yesterday's remark by Mr. Koffsky was incredibly 10 telling, wasn't it? 11 details are pretty straightforward. 12 that a witness who is the principal deputy to the general 13 counsel wears three or four hats, all acting or whatever, very 14 serious positions, said apparently that there's a bar rule I'm 15 unaware of, and that is you can disobey court orders if you 16 don't think they're ethical. "The devil is in the details." The I mean let's keep in mind 17 I went and looked last night. 18 New York ones, because I was surprised by that. 19 he was, too, because I asked him to give me the rule, and then 20 it became, well, it depends on the question and what the order 21 is. 22 pretty simple -- subpoenas, rightfully served, as the 23 government has indicated, on two DoD civilians. I went and reread the And clearly So then, of course, I gave him the hypothetical -- it's UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12367 That UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 hypothetical doesn't seem very hard to me. 2 rightfully served on two DoD civilians that they ignored. 3 the answer was the devil's in the details. 4 tells you how infected the process is and how far it goes 5 within the Department of Defense that owns the process. 6 again, you all can have opinions about whether or not DoD 7 should own the process. 8 mean, I've got nothing there. 9 yesterday, right? 10 Subpoenas Remarkable. I've said it before, go vote. And Which And I But that's what he said A duty to violate orders, an ethical duty. So again, like I said, I went and read my bar rules. 11 I was shocked. 12 found in everybody's who is here, is the ethical duty to 13 zealously represent your client, and -- again, 1.16(d) seems 14 pretty standard. 15 it, and it's in every state that matters to this proceeding. 16 I haven't looked at all 50 states; looked at mine. 17 What I have found again in mine is what I have It's in the Model Rules. Law students know But even if good cause is shown -- it doesn't even 18 say to who, right? 19 orders you to continue, you will continue. 20 feel you have an ethical conflict, even if you've demonstrated 21 it, good cause shown, you've convinced somebody I have good 22 cause, your bar rules say too bad if you're ordered to keep 23 going. Even if good cause is shown, if a tribunal So even if you Got to keep going. UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12368 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 Because there's lots of reasons for that, right? 2 What if we're on the eve of trial? 3 seven years and 1.8 million dollars in your representation? 4 What if? 5 hypotheticals. What if? What if we've invested I mean, you can think of all the 6 What I think is happening is that Mr. Koffsky is 7 conflating military orders with orders from a tribunal or 8 military court. 9 easy to do because DoD owns this process. That's what I think is happening, and it's So it's -- you 10 could conflate those. 11 cool minds reflect on what my orders have been. I'm not 12 ordering the Third Reich to engage in genocide. This isn't My 13 Lai, or My Lai. 14 I don't think it's correct. You know what this is? But I hope Comply with subpoenas; comply 15 with your bar rules. 16 are responsible to ensure that people who work for you obey 17 the orders of the commission. 18 orders. 19 And as the chief defense counsel, you Those are the extent of my Not war crimes, people. It's just stunning where we have come. And if you do 20 conflate them, if you want to go out and look at military 21 orders -- just again, for the people here who are unfamiliar 22 with our process, you can defy a military order that you think 23 is illegal. Illegal, by the way. However, if you go look at UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12369 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 Article 92 of the UCMJ, the discussion about it and then the 2 case law that follows, orders are presumed to be lawful. 3 violate them at your own risk, and commanders have broad 4 discretion in giving those orders. 5 You Because can you imagine what the Department of 6 Defense would look like if we just violated orders willy-nilly 7 as we went through the process? 8 next time we actually have an armed conflict that we are 9 fighting, which we are, by the way. It would be quite a sight the Imagine what it would be 10 like out there on the battlefield. 11 would be like here in the commissions. 12 Military Commission Defense Office and their representatives. 13 Because we've seen what it Frankly, by the Courts and tribunals require adherence to the law, we 14 know that. 15 General Baker issue unfolded, everybody in here knows the 16 right process, and people back there, if they think about it, 17 will know it right away. 18 They're different than military orders. As the I issue many orders in a court that people disagree 19 with. 20 either ask for a continuance so they can go file a writ, and 21 we see that with our special victims counsel, we see that from 22 defense counsel, and frankly even from the government 23 occasionally, if it's not an Article 62 kind of appeal, right? And so what people do in that circumstance is they UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12370 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 They ask, can we have time so we can go to a superior court 2 and file an emergency writ. 3 or no, and I've given different answers on different 4 occasions. 5 And then my answer to them is yes When my answer is no, remarkably, counsel show up the 6 next day and keep going forward. 7 doing? 8 trying to get help from that appellate court to see if that 9 court will stay the proceeding. Filing a writ. You know what they're also They're dual tracking, and they're off And that has happened to some 10 of the judges who work for me; the appellate court has stepped 11 in and stopped them. 12 go file your writ, I'll wait and see what they say. 13 interested," because I recognize the authority of appellate 14 courts and courts that are superior to me. 15 Or, of course, I pause and I say, "Sure, We all saw what happened here. I'm General Baker didn't 16 do that. 17 it. 18 do that. 19 superior court about the issue at hand, who excuses counsel, 20 and then what do you do in the face of excusing counsel with a 21 tribunal that orders continued representation and a clear 22 mandate in your bar rules, he would have lost. 23 if that's cynical or not; I think it's reality. He simply defied the order and said I'm not doing And I believe, as the commission, I know why he wouldn't Because if he went to an appellate court or a I don't know UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12371 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 I also think it's why the civilians, the two DoD 2 civilians have yet to file anything in federal court to stop 3 the writs, as Mr. Kammen did moments after I indicated I might 4 require his appearance at the Mark Center. 5 is because they don't mind being taken to the Mark Center to 6 testify. 7 demonstrated by MCDO, and it will continue to undermine a 8 process they signed up to work within. 9 within. And I believe that It will empower the behavior that has been Not work for, work They all signed up to work within the rules that were 10 given, and they knew what the rules were when they signed up 11 for it, and they continue to ignore them. 12 And again, alls I've done is order people to follow 13 the Regulations for the Military Commission, the Manual, the 14 statute, their bar rules, and comply with properly issued 15 subpoenas. 16 These last few months, I think we can all say, have 17 demonstrated significant flaws within the commission process, 18 particularly within the defense organization, and it 19 demonstrates an organization intent on stopping the system, 20 not working within the system that they signed up to work 21 within. 22 look at their rules, if you look at the standards, if you look 23 at the Regulations for Trial by Military Commission, they all If you look at their employment contracts, if you UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12372 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 agree they will follow them. 2 of course. 3 the system. 4 repeatedly, and publicly with little response, encouraging 5 them to continue to demonstrate it repeatedly, publicly, and 6 constantly. 7 And what they are doing is not, What they're doing is engaging in revolution to And they've demonstrated it completely, I've got to tell you, after 26 years of service, it's 8 shaken me more than I would have expected. 9 years trying to adhere to the law. I've spent 26 I'm sure I've made 10 mistakes. 11 law, whether I agree or disagree with it, absent the most 12 extreme of circumstances, is required of the participants. 13 It's what let me be both a prosecutor and a defense counsel. 14 Because it's not that I agree with my clients, support my 15 clients, agree with their life choices -- and this is clients 16 on both sides, because we have clients on both sides -- it is 17 because my ethical responsibilities are to my client, and it 18 is what has allowed me to do that. 19 I've spent 26 years believing that adherence to the And so when I've disagreed with a judge, I have 20 marched on, assessing all of the responses I might have, head 21 for the appellate court, attempt to change the system with 22 elected officials outside of the, like, everyday process, of 23 course, and comply with the order. Frankly, it's what called UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12373 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 me to criminal law all those years ago. 2 said, to be both a defense counsel and a prosecutor, and 3 follow the calling to be a judge. 4 our system for hundreds of years, and it demonstrates why our 5 system is better. 6 It allowed me, as I It's been the strength of Probably rose-colored glasses. 7 last night, too. 8 as rose-colored today. 9 might be time for me to retire, frankly. Thought about that I took a moment to clean them; they're not And it's been pretty shaken, and it That decision I'll 10 be making over the next week or two. 11 here, because I've never seen anything like it. 12 ponder it as we go forward. 13 I think it might be I'll just But, as for going forward, I talked yesterday about 14 all the different options I have, and I weighed through them. 15 We need action from somebody other than me, and we're not 16 getting it. 17 with the CISO shows it. 18 wheels and go nowhere until somebody who owns the process 19 looks in and does something. 20 This morning's debacle, frankly, about working We're going to continue to spin our I've been thinking about how to resolve the apparent 21 standstill while getting Mr. al Nashiri adequately resourced 22 defense, which he had, consistent with what you see in the 23 Military Commissions Act of 2009. I've reviewed all the UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12374 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 pleadings again regarding Brigadier General Baker, Colonel 2 Aaron, the prosecution's efforts, the testimony of 3 Mr. Koffsky. 4 out where we are and what we could do to fix this. 5 I mean, I went through it all again to figure Yesterday I listed kind of questions that we need 6 answered, frankly, from a court superior to me. 7 would have hoped we had started that process. 8 and I haven't seen it, but I don't think so. 9 bit of it in General Baker's filings in federal court, but not 10 much. And again, I Maybe we have There's a little That's mostly focused on the contempt issue. 11 If General Baker's reading the statute correctly and 12 the Manual correctly, he can excuse counsel at any time and 13 we'll be right back here next time. 14 is. Again, I don't believe he Doesn't matter. 15 We need somebody to tell us, is that really what that 16 says, despite, obviously, every other court system in America 17 thinking differently, despite the clear intent of when people 18 make an appearance, despite the clear difference of learned 19 counsel. 20 appellate court or court above me. 21 Maybe I'm wrong, but nobody's asked anybody in any And then, of course, the other issue is learned 22 counsel. 23 the time? Is Lieutenant Piette right, that he gets them all Because that's what he thinks, right? UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12375 He's said UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 that over and over. 2 learned counsel, even though I've ruled you don't get learned 3 counsel. Any questions? Nope, can't do it without Nope. 4 Because again, the efficient administration of 5 justice means we do this one time, not twice, if we can help 6 it; and that everybody who has an interest doesn't travel down 7 here for the next 25 years doing this. 8 keep doing. 9 Because that's what we So hopefully somebody is going to take action. 10 abating these proceedings indefinitely. 11 now, the reason I'm not dismissing -- I debated it for 12 hours -- I am not rewarding the defense for their clear 13 misbehavior and misconduct. 14 But I am abating these procedures -- these proceedings 15 indefinitely until a superior court orders me to resume. 16 I am I will tell you right That would be the wrong answer. And whatever that looks like, either myself or my 17 successor will pick it up and start going. 18 superior court tells me next week, Spath, you abused your 19 discretion, get to work, I'll get to work, or whoever takes my 20 place. 21 guidance. 22 Colonel Spath got the law right, you don't get learned counsel 23 if it's not practicable, and it's not practicable. If it is -- the Hopefully the appellate court will give us some Maybe they'll say Lieutenant Piette, you're stuck. UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12376 Get to UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 work. 2 questions from now until we finish the trial. 3 And then Lieutenant Piette can sit there and not ask But that's where we're at. We're done until a 4 superior court tells me to keep going. 5 can be the Washington -- or the District in D.C. 6 superior to me. 7 We need somebody to look at this process. 8 give us direction. 9 that's where we're at. 10 It can be CMCR. But that's where we're at. It They're all We need action. We need somebody to I would suggest it sooner than later, but The March hearing, obviously, isn't going to happen, 11 I don't think. 12 quick guidance from CMCR, and then we'll be here in March. 13 Again, maybe I'm wrong. As I said, I follow the law. Maybe we'll have I follow orders. I 14 don't just disobey them at will, scoff at the process; but we 15 do have a situation where people are. 16 it, and we can't fix it without somebody getting involved. 17 I have great empathy to everybody involved; I really 18 do. 19 work, a lot of time, a lot of effort. 20 21 22 23 They've demonstrated I mean that across the board, everybody. It's a lot of It is -- it's not easy. So that's what I meant when I said filings might not be particularly helpful for a little while, Lieutenant Piette. We are in abatement. We're out. Thank you. in recess. UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12377 We're UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 1 2 [The R.M.C. 803 session recessed at 1013, 16 February 2018.] [END OF PAGE] 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 UNOFFICIAL/UNAUTHENTICATED TRANSCRIPT 12378