WEBVTT 00:03.920 --> 00:07.370 Whoa. A court martial rule for military commission began six. 00:07.930 --> 00:09.350 Session today which is. 00:10.330 --> 00:14.260 A closure occurs after the judges made findings there's an overriding 00:14.260 --> 00:16.460 interest that the closures. 00:17.090 --> 00:21.430 Narrow. Uh no broader than asserted accomplished to protect the 00:21.430 --> 00:22.480 overriding interest. 00:23.060 --> 00:25.770 And I'm alternatives in consider. 00:26.510 --> 00:28.230 Uh. And then you she's fine. 00:28.880 --> 00:30.520 So that you you don't appeal. 00:31.080 --> 00:33.720 There's a accountability river a off and was. 00:34.850 --> 00:35.530 A does. 00:36.560 --> 00:40.370 A little closures possible presumption that we have uh in the 00:40.370 --> 00:41.760 commission's setting. 00:42.380 --> 00:44.390 Uh that 23 minutes will actually. 00:45.040 --> 00:48.340 Warned of being less because a redacted transfer will. 00:48.930 --> 00:49.790 Will be released. 00:50.480 --> 00:53.670 Uh so that the closure will be is another of the control measures 00:53.670 --> 00:56.140 to making this one was possible. So uh. 00:57.110 --> 00:58.620 Total closure today is. 00:59.160 --> 01:00.300 Boom two percent. 01:01.060 --> 01:03.050 And that's about what was this week it's. 01:03.880 --> 01:07.770 Over two for 13 minutes of to keep her 22 minutes of a 13 out. 01:09.540 --> 01:11.930 Um. Since there's been discussion of. 01:12.890 --> 01:16.630 Motions the been briefed and handing when search for adults. 01:17.210 --> 01:18.540 They're our move that they're. 01:19.240 --> 01:22.010 With trollope or emotions with debris flows for. 01:22.610 --> 01:26.260 In that case or a 334 and we've had. 01:26.770 --> 01:28.720 Some 215 emotions. 01:29.630 --> 01:30.970 Of that that that needle. 01:32.660 --> 01:36.860 With 31 motions to be muted dismissed were with paul. 01:37.760 --> 01:38.580 And that means. 01:39.350 --> 01:45.280 Go figure of 60 to 70 were waiting. It's a joke and he indicated 01:45.280 --> 01:47.240 he would be working hard on those that. 01:48.980 --> 01:51.830 Bloody you the of lose still need to be the 01:53.160 --> 01:56.630 The force you to speak in further about the case of how to save 01:56.890 --> 02:00.250 the queues just presumed innocent innocent until proven guilty 02:00.510 --> 02:03.630 to charges or just after charges of their allegations. 02:04.340 --> 02:05.950 Other grounded in the law work. 02:06.530 --> 02:09.290 Bid use been put on notice of them in lady. 02:10.130 --> 02:13.710 Since the beginning of a case away with that he understands and 02:13.710 --> 02:15.240 that those for war. 02:15.880 --> 02:18.730 In fact based on long standing ballpark conflict.. Violations. 02:19.390 --> 02:22.660 Violations. The um. 02:24.030 --> 02:24.740 We just the 02:26.330 --> 02:28.280 Close to locate one works by saying that. 02:29.030 --> 02:32.120 This test of this week marks the seventieth. 02:33.080 --> 02:36.230 Anniversary of the signing of a london agreement. 02:36.750 --> 02:37.720 Of the four major. 02:38.480 --> 02:40.300 The tories power zhu more to. 02:40.970 --> 02:45.170 Uh regarding the trial of me to work criminals before the international 02:45.170 --> 02:45.840 true tribunal. 02:46.760 --> 02:51.010 Also on that saying we was side the Un charter. 02:51.740 --> 02:55.840 Uh and those two documents do have a bearing on. 02:56.650 --> 02:59.300 Confiscation of international Wall relating to. 03:00.570 --> 03:04.060 Violations of the Wall for and have those can be prosecuted and 03:04.060 --> 03:05.780 we draw upon the body of Wall. 03:06.440 --> 03:08.480 Every day it's um. 03:09.370 --> 03:13.910 There is song discussion and I I I I get questions from time 03:13.910 --> 03:15.180 to time of the of. 03:15.740 --> 03:19.130 The rule of international law in these proceedings annalisa visit 03:19.130 --> 03:20.780 asked that question in the past. 03:21.710 --> 03:23.370 And The um. 03:24.270 --> 03:26.590 The recent decision of the VC certain level. 03:27.230 --> 03:28.440 Of the supreme court. 03:29.510 --> 03:32.920 I'm about decision and the many and touches upon these topics. 03:34.040 --> 03:37.120 Um. International law does. 03:38.010 --> 03:42.410 Serve was a sore so long is perceiving this as our courts of recognize. 03:43.380 --> 03:46.010 Domestic stacked sheep's controlled. The pace. 03:47.060 --> 03:50.670 But it is true those statutes the condors has directed us. 03:51.430 --> 03:53.360 To international Wall so in. 03:54.210 --> 03:55.250 Particle 20 one. 03:55.780 --> 03:58.410 Of the uniform code of military justice. There's a reference 03:58.410 --> 04:00.380 to military commissions prawny. 04:01.050 --> 04:05.600 Offenses that by statute were bible all the work may be tried 04:05.600 --> 04:08.990 by military commission. That's the basic subject matter. 04:10.010 --> 04:11.460 Jurisdiction will grant. 04:12.490 --> 04:16.100 Close military commissions for pre 2000 and six. 04:16.760 --> 04:20.570 Conduct and that we're ruble all four. Certainly. 04:21.170 --> 04:25.830 Includes. The Walt we're violations in international. 04:26.480 --> 04:28.500 The important source of long pursuit. 04:29.300 --> 04:30.570 And while. 04:31.100 --> 04:34.910 We now have a a rich body of statutory Wall. 04:35.490 --> 04:38.570 From the 2006 in 2009 acts. 04:39.170 --> 04:43.100 We continue to look again because of The nature of the perceiving 04:43.100 --> 04:46.730 to international Wall but it's forum a poor relief you will. 04:47.470 --> 04:52.770 Of domestic statutes and through car wrist directing us to booms 04:52.860 --> 04:53.700 those treaties. 04:54.320 --> 04:58.870 Of the Geneva conventions of 19 40 no I and Kate regulations 04:58.870 --> 05:00.000 and hate conventions. 05:00.640 --> 05:02.480 Uh from the term of the last century. 05:03.330 --> 05:06.880 Return of the teats in the 19 century of the twentieth is really 05:06.880 --> 05:08.140 important sources of Wall. 05:08.670 --> 05:10.550 We also have occasion to look too. 05:11.340 --> 05:12.530 On international. 05:13.360 --> 05:14.860 Bodies and international. 05:15.400 --> 05:18.720 Tribunals decisions on certain questions so. 05:19.450 --> 05:21.540 A undertake this domestic. 05:22.300 --> 05:26.460 Prosecution. Under domestic well with respect for our role in 05:26.460 --> 05:27.720 the community of nations. 05:28.410 --> 05:29.640 And with the uh. 05:30.300 --> 05:32.360 The identification of long standing. 05:32.960 --> 05:37.060 Warm conflict violations that that all countries recognize. 05:37.880 --> 05:41.470 In the in its in those the a on the seventieth anniversary. 05:42.260 --> 05:46.580 Of these two major international agreements the to that's worth 05:46.580 --> 05:48.470 reflecting on how they impact upon. 05:49.100 --> 05:50.750 From military commissions with that one knee. 05:51.390 --> 05:53.160 A stop in taking questions.. Yeah. 05:53.160 --> 05:57.120 Yeah. Is itself. 05:58.820 --> 06:03.130 It. Results face carol issue. Now an eight of move for. 06:03.820 --> 06:06.540 Military commission it into conference is a. 06:07.080 --> 06:07.850 Schedule way. 06:08.930 --> 06:13.590 A effort that is informal of that provides an exchange of information 06:13.590 --> 06:15.020 nothing can be decided we. 06:15.560 --> 06:18.910 A animated to a week and we anticipate the judge. 06:19.670 --> 06:24.010 Little uh issue a scheduling order updating. What is now. 06:25.010 --> 06:27.750 To believe it. So coincident 40 five. 06:28.350 --> 06:32.580 Fox trots fox trot. That's the thing has the latest scheduling 06:32.580 --> 06:35.780 relied to dice come true. We'll see some changes based on. 06:36.570 --> 06:41.030 Um what the Jewish. And it needs to do the the rulings that he 06:41.030 --> 06:41.630 needs to. 06:42.190 --> 06:47.370 Issue. I do it on the record she made her the sweet talked about 06:47.470 --> 06:50.430 a patents online september to provide. 06:50.990 --> 06:54.220 An update on the government's compliance with the 06:55.520 --> 06:57.940 Of but we're told to hold. 06:58.630 --> 07:01.480 This still whining we're going to hold a in. 07:02.190 --> 07:03.340 The you've won twenty. 07:04.550 --> 07:08.000 Alpha alpha of a 24 to were under the 07:09.290 --> 07:12.680 Obligation we certainly recognize to provide additional discovery. 07:13.980 --> 07:15.650 In the To move. 07:16.640 --> 07:18.360 Rendition detention interrogation will. 07:19.310 --> 07:22.410 So that that has been a bear it on the judges scheduling. 07:24.050 --> 07:26.380 The receipt of the to update. 07:27.580 --> 07:28.170 So we we. 07:28.730 --> 07:29.760 I don't think we'll see. 07:30.420 --> 07:34.530 The school insert steadily the judges discretion. But uh could 07:34.530 --> 07:37.760 be that we don't see and scheduling from making information until 07:37.760 --> 07:38.230 after. That. 07:41.780 --> 07:42.970 The jet fight. 07:44.120 --> 07:44.930 This session. 07:45.850 --> 07:50.260 You're the He completed the when I think we should be seeing 07:50.460 --> 07:54.490 to it he he of you didn't announce the findings on the record. 07:54.490 --> 07:55.770 He stated that you've found. 07:56.380 --> 07:57.150 The requisite. 07:57.780 --> 08:00.750 Of interest overriding interest a. 08:01.580 --> 08:05.840 And that he had decided to have a portion of the organ it on 08:06.200 --> 08:06.780 to eat for. 08:07.610 --> 08:12.740 To me before clothes. Yeah of course that one of the living efforts 08:12.980 --> 08:16.990 and measures taken is to hold is much of the more than one can. 08:17.630 --> 08:22.600 A Bus by for katie and separating out the the material that needs 08:22.600 --> 08:25.900 to be addressed in a closed session. So we we had oral argument. 08:26.510 --> 08:29.780 Allow apocalypse understand nature to do the discussion. 08:30.590 --> 08:34.530 In an open said in an and close told me for what it needed to 08:34.530 --> 08:35.910 be discussed clones. 08:36.460 --> 08:41.230 And again to the extent that wasn't the end of a too much protection 08:41.230 --> 08:44.960 if you will broader than necessary. There will be a redacted 08:44.960 --> 08:47.930 transfer that now after the fact we can go back and look and 08:47.930 --> 08:51.080 say well the ruble minutes. So that you need to be. 08:51.770 --> 08:53.980 I think our the director. 08:54.790 --> 09:00.370 On. The 2% of the proceedings the clothes was four point when 09:00.370 --> 09:03.830 it will be going back and the government releases transfer. 09:04.740 --> 09:05.980 It's about 50 percent. 09:06.550 --> 09:10.870 Ones of further additional comes out to the poll of so they can 09:10.960 --> 09:13.100 begin to further understanding. That's what. 09:14.080 --> 09:18.260 Laden's sex and the press enterprise factors require you to love 09:18.260 --> 09:19.480 too shrewd to. 09:20.780 --> 09:24.690 The people are able understand she so I think that the transfer 09:24.690 --> 09:26.930 forms all to be more ones for. 09:27.890 --> 09:30.650 So it and then will be a ruling and will follow up with the Cairo. 09:31.370 --> 09:32.690 As soon as we indentified. 09:34.220 --> 09:37.790 The judge's ruling on closure. But he indicated today that you 09:37.870 --> 09:38.960 and the skin. 09:39.680 --> 09:40.060 The. Shoot. 09:46.160 --> 09:49.180 Go through the process. You know the judging the judge has a 09:49.210 --> 09:50.970 process Karen wonder. 09:51.760 --> 09:53.440 The regulation covers a. 09:54.120 --> 09:54.800 Too well. 09:56.050 --> 09:59.860 You need to get advance ruling issued. So that doesn't mean you 09:59.860 --> 10:01.480 don't see the 15 day it's. 10:02.020 --> 10:05.880 Others about there's a way to to try to that that the judge that 10:05.880 --> 10:07.220 some discretion to do that. 10:08.030 --> 10:11.060 Sure will be something that through the process you before you 10:11.060 --> 10:11.810 she. Cigarettes. 10:13.870 --> 10:15.160 These are within a game. 10:15.860 --> 10:20.040 The heat of the world bank and to see him that does Hudson the 10:20.040 --> 10:25.140 cooking shoots terms will be a place for the artists. 10:26.120 --> 10:28.590 You're through legal lovely going to see step out. 10:29.160 --> 10:33.600 Did you get this 80 um and taken how europe is understands the 10:33.600 --> 10:36.280 information all lawful excuse me. 10:36.920 --> 10:38.640 In hat and also. 10:39.620 --> 10:43.880 Sitting chief prosecutor power it has no office dealing with 10:43.930 --> 10:47.270 baddie all about who see now that. Well. 10:47.840 --> 10:49.610 Six. You may seem a. 10:50.150 --> 10:52.580 A state and so good and I didn't you. 10:53.600 --> 10:55.850 What I think I'd like to say about for us. 10:57.760 --> 11:01.230 And all reiterate basics here and in and we we continue to study. 11:02.370 --> 11:05.880 Uh. I had assess that it doesn't impact. 11:07.040 --> 11:10.140 The But won't go. Prosecutions. 11:11.750 --> 11:15.430 Because the Shorting. 11:16.070 --> 11:18.060 Prosecution of competing conspiracy. 11:19.580 --> 11:20.090 It was. 11:20.850 --> 11:21.870 Not in any way. 11:23.120 --> 11:26.830 A inconsistent with many of the it and it's the judges that that 11:26.960 --> 11:27.570 that i've read. 11:28.430 --> 11:32.440 So. I'm in and levy and the for you to. 11:33.620 --> 11:36.270 Judges in all those cases they're gonna make the rulings. 11:37.040 --> 11:40.160 But as a prosecutor i've got a pretty really working. 11:41.090 --> 11:44.660 And a teen decisions about how to prosecute cases. 11:45.530 --> 11:50.110 And uh and I of taking action within my purview to limit any 11:50.110 --> 11:52.250 impact and I think there's just no impact. 11:52.960 --> 11:55.970 Up on those uh. I I also made a common to mine. 11:57.680 --> 11:58.980 The sunday state that. 12:00.430 --> 12:01.470 There's this issue of. 12:02.310 --> 12:06.690 This can get actually pretty technical but post 2006 conduct. 12:08.080 --> 12:12.590 Uh the issue of whether an agreement an overt act polo without 12:12.590 --> 12:16.500 a completed offense. So in in so called in coates work stand-alone 12:16.500 --> 12:19.020 conspiracy truck. The question of whether. 12:20.030 --> 12:21.010 That is viable. 12:22.120 --> 12:27.640 Um you know looking at the pool opinion the post 2006 conspiracy 12:27.670 --> 12:30.160 in coates conspiracy charges something that. 12:31.180 --> 12:35.880 Um. I have and the worst thing that the can be exhorted his referred. 12:37.220 --> 12:39.200 Uh in honey. It's so. 12:40.040 --> 12:43.080 Up of those will. Wonder course you know ultimate leopold portrait 12:43.080 --> 12:44.870 inside the viability that but. 12:45.440 --> 12:47.700 Something that i've demonstrated already. 12:48.260 --> 12:50.960 A is a five chore like charging a. 12:51.490 --> 12:54.770 And believe the begin. That's there's nothing in the pool opinion. 12:55.540 --> 12:58.110 That this ways me from doing that all of. 12:59.240 --> 13:02.670 And whenever bulls conspiracy charges upheld and I was on a plate 13:02.670 --> 13:03.430 ever standard. 13:04.230 --> 13:07.640 Which doesn't meet something's on certain but that's the nature 13:07.640 --> 13:08.670 of poe vacation. 13:09.200 --> 13:09.880 All the whole. 13:10.410 --> 13:12.820 Will was still remains convicted of conspiracy. 13:13.480 --> 13:14.800 Despite heavy challenge. 13:15.410 --> 13:19.250 Uh and objections based on an Ex post facto round so. 13:21.010 --> 13:24.550 Yeah but the notion that were made even though she said we're 13:24.600 --> 13:26.300 argued yesterday and today on. 13:26.910 --> 13:28.480 On discreet topics. 13:29.050 --> 13:32.430 A release seemed to go and some of these going. 13:32.960 --> 13:38.350 Be. Digby it's about how to interpret the jurisdiction to patients 13:38.350 --> 13:41.890 and you know her to british doing it was a a lot someone someone 13:42.190 --> 13:46.840 could you give us where he won the get table waiting. How I People 13:46.840 --> 13:51.300 should understand from the sea you think it's true that's kind bes. 13:51.450 --> 13:52.760 I think when I say. 13:54.060 --> 13:59.960 Just jam and but stacks versus be a guarantor caught sets. First. Time. 14:05.360 --> 14:05.880 The. Yum. 14:08.390 --> 14:09.540 These were legal motions. 14:10.270 --> 14:13.440 Of the time that you can expect in a lot work said it. 14:14.140 --> 14:16.550 We um of a process where those can be made. 14:17.610 --> 14:21.680 Uh you know you seen the government positions on these things 14:21.730 --> 14:22.690 as you're Kirby. 14:23.900 --> 14:27.980 The objection to jurisdiction for an objection based on sort 14:27.980 --> 14:31.460 of a football motions. That's the to cool way. Idea. 14:32.390 --> 14:36.640 Um. And Those are now in the record the judge is gonna Wall now 14:36.640 --> 14:40.380 I'm consider relevant forums for the overarching. 14:41.600 --> 14:44.430 Common I would make about the week is it's a week of process 14:44.750 --> 14:48.650 sometimes a mind numbing for through servers but it's it's one 14:48.650 --> 14:53.870 that's necessary it's and the Takes time but it's you know in 14:53.870 --> 14:57.820 the meantime the accused is on those charges. He's clearly sell 14:57.820 --> 15:00.870 mostly in professionally and we'll rip person but he. 15:01.790 --> 15:05.290 Of council well-resourced him again. I realise is another side 15:05.290 --> 15:08.680 that to be a defense would make on their but these understand 15:08.680 --> 15:10.150 we have a different era of on that. 15:10.760 --> 15:12.070 Uh you know with with. 15:12.590 --> 15:14.840 Some of the Wall we want to be a tendency to. 15:15.560 --> 15:18.680 Complaints because those things need to be taken seriously. 15:19.250 --> 15:22.840 And if there is a some some shortcomings of the dress that. 15:23.550 --> 15:25.770 Um this is something very. Happy. 15:29.300 --> 15:31.580 You wanna of this would be so that I'm not. 15:32.500 --> 15:36.400 Going outside the foreign ministry that the uh I see you as you 15:36.430 --> 15:40.760 heard you say this week for owned were so I want I recommend 15:40.760 --> 15:42.550 waiting until we get a. 15:43.100 --> 15:47.230 Clearer picture to the Jewish on the Compliance with one 20 asa 15:47.230 --> 15:50.990 alpha 10 I and I acknowledge this viewer the a discovery. 15:51.570 --> 15:53.160 When I acknowledge that. 15:53.930 --> 15:55.970 That can happen but that's good. 15:56.600 --> 16:01.260 It's it's just a views of we I will move those I did. For me 16:01.260 --> 16:01.590 is that. 16:02.960 --> 16:08.640 The But prosecutions obligation has just been mentioned here. 16:09.150 --> 16:15.700 Um. Doesn't include trade fairness of one of the Responsibilities 16:15.700 --> 16:19.530 and it's it's hot a fire to commit military mission will of the 16:19.530 --> 16:20.800 women's five five. 16:21.440 --> 16:22.650 A for you. 16:23.500 --> 16:26.440 Is that the prosecution should see the classification. 16:27.040 --> 16:31.150 Of the us consist of one minute insecure and that's too shrewd 16:31.150 --> 16:31.660 for crop. 16:32.370 --> 16:34.700 And uh and we did we take a for sears. 16:35.410 --> 16:39.440 And Um that that led a two. 16:41.070 --> 16:42.950 Of course was treated. 16:43.590 --> 16:47.030 And the congress balch the classification. 16:48.010 --> 16:52.180 And that that effort is not merely to issue public understanding 16:52.210 --> 16:55.130 of the program of the investigation but also to. 16:56.000 --> 16:58.590 Surf Beatrice of widget pursuits and so. 16:59.870 --> 17:02.890 Be I certainly believe that the additional. 17:03.560 --> 17:05.130 Material is gonna be a real. 17:06.260 --> 17:09.190 Which will then be available to to accused in the system. 17:09.800 --> 17:13.550 Will. Of because it will have 40 come through a system where. 17:14.630 --> 17:17.710 The senior Greek less far enough already an archive of the president 17:17.740 --> 17:21.430 was determined using interests of justice interest nationals thirty. 17:22.560 --> 17:26.400 Other interests of the people in the States too. 17:27.050 --> 17:27.910 The classify. 17:28.840 --> 17:32.460 And that's being done responsibly bottom that upon the happening. 17:33.130 --> 17:37.530 It will have a salutary effect and is inappropriate said honda 17:37.650 --> 17:40.270 these perceives you should allow that. 17:40.820 --> 17:42.870 Process to have this effect. 17:43.480 --> 17:46.420 On the proceedings and that may just taking the or so I fully 17:46.420 --> 17:49.390 acknowledge that the interest of justice may require. 17:50.320 --> 17:52.320 A Poletti the on some more. 17:54.320 --> 17:56.540 That's an important point to make further stiller. 17:57.330 --> 17:59.930 Business this trivial to get to. 18:00.660 --> 18:05.180 And deal with a including the beginning of the pope's mitigation 18:05.180 --> 18:09.520 on the Yeah it uses a that this week that we start talking about 18:09.520 --> 18:10.170 work there. 18:11.190 --> 18:13.450 Uh I'm questioning won't work either. 18:14.610 --> 18:18.910 And then you've already had some litigation process. We use the guy. 18:19.890 --> 18:22.610 The mission of prohibitive with a lot of all. 18:23.590 --> 18:26.810 Yeah contain corroborated here so which. 18:27.920 --> 18:29.070 Military commissions. 18:29.790 --> 18:31.300 A rules allow for. 18:32.000 --> 18:32.490 And I think. 18:33.790 --> 18:36.910 The best appropriate allowance. Race. 18:39.900 --> 18:43.160 Reference to the ends justified. But the truth. 18:44.270 --> 18:48.060 For conflict in place overseas and going spaces. 18:48.860 --> 18:53.070 We're. Last week and all too can be the first ones to get to 18:53.200 --> 18:54.050 rise. To. 18:58.310 --> 18:58.930 Yum post. 19:01.280 --> 19:02.320 The aviation for. Me. 19:05.010 --> 19:05.330 Thank you..