MILITARY COMMISSIONS TRIAL JUDICIARY

GUANTANAMO BAY, CUBA

UNITED STATES OF AMERICA AE 639M

Trial Scheduling OrderKHALID SHAIKH MOHAMMAD ,WALID MUHAMMAD SALIH

MUBARAK BIN

RAMZIBIN AL SHIBH

ALIABDUL AZIZ ALIMUSTAFA AHMED ADAM

AL HAWSAWI

30 August 2019

1. On 26 July 2019 , the Commission heard oral argument on AE 639, to include a discussion ofpending trial and discovery issues and the various impediments /concerns theparties believe must

be addressed in any trialscheduling order issued by the Commission. Having considered themotions submitted by the parties and the arguments ofcounsel, the Commission establishes the

attached Trial Schedule for the case ofUnited States v. Khalid Shaikh Mohammad, et al.

2 . Trial Schedule (Attachment A ). To ensure a fair and expeditious processing of this case theCommission sets 11January 2021 for the startof the trial on themerits, and establishes the

following TrialScheduling Order setting forth pretrialtasks and deadlines in accordance with( Rules for Military Commissions ( R . M . C . ) 108, 801( a ) 3 ), 801(b ), and 801(g ) and MilitaryCommissions Rulesof Court Rule 1. 5 and Rule 3 . 7 . c ( 1).

3 . BriefingSchedule (Attachment B ). The trial of this capital case at U . S . NavalStation,Guantanamo Bay (NSGB), Cuba will face a host of administrative and logistics challenges

requiringcoordination between the parties, the Convening Authority , classified information

equity holders, and installation managementofficials. To ensure early and frequent coordination

of these issues, the Commission also establishes a briefing schedule for theGovernment to

provideperiodic statusupdates on these issues.

4. Motions Within 7 calendar days of filing a motion , the parties shall provide opposingcounsel and the Commission a list of all witnesses a party intendsto call in supportof a motion .Counsel will file proposed findings of fact and conclusions of law with allmotions filed with the

Commission . Proposed findings of fact should reference either a witness or a document (or both )

the party intends to offer during motions practice to support the facts alleged in themotion

During that discussion, the Defense asserted that theGovernmentwas either unable or unwilling to produce, in a

timely manner, the discovery of which the Defensebelieves it is entitled. In response to questioningby theCommission, the Governmentindicated itwas ready to commit October 2019 the date by which the

Government will havemade sure Government is in compliance completely with [Rule for MilitaryCommissions ( R . M . C .) ] 701 and the various orders of the Commission The Government further accepted the factthat a failure by the Governmentto " live up to that commitment regarding the production of discovery would leadto adverse " consequences for the Government. See Unofficial/Unauthenticated Transcript ofthe U. S. v . Khalid

Shaikh MohammadMotions Hearing, dated 26 July 2019 from 4:46 P . M . to 5 : 14 P .M . atpp. 24707- 247082 The Commission has considered the needs of the Government, the Defense, the Accused, alleged victims, as well

as the public - include the media and the internationalcommunity in establishing this scheduling order.

Partiesmay also stipulate to certain facts for the limitedpurpose ofthemotion Responses andreplies to motionswill be submitted IAW existing rulesofcourtunless an expedited briefingcycle is ordered by the Commission . Trial shallprovide to theDefense allmatters ruled

discoverable by the Commissionpursuantto motions to compel discovery within 60 days of

each ruling

5. Convening Authority (CA ) Action on Motions for Experts . The CA shall act on all expert

consultant requests from the parties within 30 days from receipt of the motion The CA shall

either fund all expert assistance ordered by the Commission upon the filing of a motion by the

party or providenotice via themoving party of its intentto not comply with the order within 30days of the Commission ' s order.

6 . Joint Status Updates. Commencing in October 2019 during the initial R .M . C . 802

conference preceding the first day of Commission hearings, the Commission will conduct astatus conference with the Government and at least one representative from each Defense Team .The conference willbe recorded by a court reporter.

7. Trial Plan Counsel are required to file a trialplan for all litigated cases . Such plans can beuseful in helping get ready for and executing the trial. In developing the plan , the Government

should initially set it up and forward it on to the Defense for input. Defense will then add itsinputs and send it back to the Government within 30 daysof receipt. TheGovernmentwill

forward iton to the Commission NLT 75 days prior to thescheduled trial start date.

ORDERED this 30th day of August , 2019 .

Attachments

A . Trial Schedule

B . Briefing Schedule

W . SHANE COHEN , Colonel, USAFMilitary Judge

Military Commissions Trial Judiciary

ATTACHMENT A

TRIAL SCHEDULING ORDER

Specific Task Deadline Date Notification

Received by

CommissionOctober 2019

1 October 2019

1 October 2019

The Governmentshall file allknown

requests forprotective orders,summaries andsubstitutions IAW

. C . . E . 505 with the Commission .

The Governmentshallprovide the

Commission notice ofthe CA' sability

to supply interpreters and interim

security clearances to Defense Teams.The Governmentshallprovide the

Defenseaccess to a MagneticResonanceImagingmachineat

(NSGB) alongwith a reasonable

protocolfor requestingMRIscans.The Governmentshallprovide the

Defense a formalnotice of all

statements by the Accused IAWM . C .R . E . 304 c ), all hearsay statementsit intends to introduce against theAccused IAW M . C . R . E . 803(b ) and allM . C . . E . 404( b ) evidence theGovement intends to use. The

M . C . R . E . 304( c ) notice shall include

anyGovernmentproposed Bruton

redactions.

1October 2019

The Government has notified October 2019

Accused of any records of priorcriminal convictions of the Accusedthat the Governmentmay offer on the

in rebuttal, includingimpeachment, or in sentencing and haspermitted the Defense to examine such

records in the Government spossession .

The Governmenthas produced to all 1October 2019 or

Accused all results or reports of within 60 days of

physicalor mentalexamination, and of completion (ifdone

scientific tests or experiments or copies after 1October 2019)

thereof, which are within thepossession , custody , or controlof the

Government, the existence ofwhich is

known orby the exercise ofdue

diligencemay becomeknown to the, and which arematerialto

1 October 2019

1 October 2019

1 November 2019

the preparation ofthe defense or areintended foruse by the Government as

evidence in the prosecution case- inchief at trial, in rebuttal, or duringsentencing

The Government has produced to all

Accused the names ,military email

addresses, and military telephonenumbers for all known persons

identified by uniquemedical recordidentifier pseudonym in the Accused ' s

medical records provided in discovery ,

which the Government has been able to

ascertain via due diligence.With the exception of tangible objects

being physically relocated to Naval

Station Guantanamo Bay, the

Government will allow DefenseCounsel the full opportunity to inspect

all items required IAW R . M . C . 701.The Defense shall file all

Motions ( .e. not involving thepresentation of evidence ) to includemotions based on defects in the

swearing , forwarding investigation or

referral of charges, challenges to theMilitary Commission system as amatter of law , speedy trial, and

challenges to the capital sentencingscheme.

The Government shall affirmatively

state that it has completed all of its

discovery obligations under R . M . C .

701 and its subparagraphs , to includethe provision ofall discovery mattersalready ordered disclosed by theCommission to the Defense and all

M . C . R E . 505 protective orders ,and substitutions to the

Defense.

The Government shall provide a copy

of its proposed evidence list andwitness lists for findings and

presentencing to the Defense and theCommission . This list shall include any

proposed experts , their Curriculum

Vitac and any reports they have

generated or would be relying upon intheir testimony .

1 November 2019

December 2019

The Defense providenotice of all 1 February 2020hearsay statements they intend to offerpursuant to M . C . R . E . 803(b 2 ).

The Defense shall file all additional February 2020evidentiary motions, to include ( 1)motions in limine, ( 2 ) initialmotions to

suppress Letter HeadMemorandum(LHM ) statements on grounds other

than voluntariness , (3 )motions for

appropriate relief motions to

suppress any additional statementsnoticedby the Government

M . C . R . E . 304 ) and M . C . R . E . b) ,( 5 ) motions to suppress other evidence,and (6 ) motions to exclude M . C .R . E .

404 (b ) evidence noticed by theGovernment

The Defense shall file allmotions to 1 February 2020 or 90

compel discovery and/or depositions days following thewith the Commission . Government' s assertion

that all R . M . C . 701and

M . C . R . E . 505matters,including Commissiondirected disclosures

have been provided tothe defense - whichever

is later responses to

motions will be filedIAW existing rules ofcourt).

The Defense shall file the final briefs NLT 75 days following

for themotions to suppress related to the finalwitness beingthe voluntariness andmotions to called to testify on the

suppress on grounds other than matter.

voluntariness of the accused' sstatements to the FBIand formotions

regarding restrictions onDefense investigation per AE

The Government shall relocate all February 2020

tangible itemsit intends to move to(NSGB) for Defense Counsel

inspection and maximize DefenseCounsel' s ability to review theevidence without unnecessaryGovernment interference or restrictions .

The Convening Authority shall 1 April 2020

provide an amended convening order tothe Commission with a sufficient

number ofmembers to accomplish

capital (death penalty) qualification

requirements and ultimately sit a panel(data sheets for each member shallbe

provided to the Defense and theCommission upon selection ).

The Defense shallprovide reciprocal April

discovery, proposed witness and

evidence lists for findings and

presentencing, as well as noticeofanyaffirmative defenses to include alibi or

lack ofmental responsibility or intentto

introduce expert testimony as to theAccused ' smentalcondition pursuant to

RMC 701 ) 2 ) This listshall include

any proposed experts , their Curriculum

Vitae, and any reports they have

generated or would be relyingupon intheir testimony.

The Parties shall confer and provide 1May 2020theCommission with a proposed

questionnaire ofagreed upon questions

to be provided to potential panelmembers and any additional questions

to which theparties disagree .The Partieswill provide all required 1 June 2020disclosures per R . M . C . 914 .

The Parties shallprovideany proposed 1June 2020

findings and sentencing instructions tothe Commission.

The Governmenthas produced to all 1 July 2020Accused all classified information it

intends to introduce in its case in chiefor as evidence marked for display to theAccused

The Defense shall give M . C . R . E . 1 August 2020

505 ( g A ) notice of all classified

information the Defense intends to

elicit or disclose during themerits

phase of the trial andduringpresentencingproceedings .TheGovernment shall provide notice September 2020

ofobjections to Defenseuse ofclassified information andGovernment

proposed alternatives to Defense use ofclassified information.

The Parties shall raise any final 1 October 2020

evidentiary issues arising from pre -trialCommission rulings.

October 2020

1November 2020

The Parties shall provide proposed voir

dire questions to the Commission.

Finalwitnessand evidence lists for AllParties are due to the Commission

along with a proposed trialplan for the

presentation of evidence.The Commission holds a final

scheduling conference with the parties .The Commission accepts the entry of

pleas by cach Accused and commenceswith voir dire of themembers.

7 December 2020

11January 2021

ATTACHMENT B

BRIEFING SCHEDULE

TheGovernment shall work with the CA to provide logistics brief to the Commissionand theDefense addressing the followingmattersand setting forth how the Government intends to ensure the

trial is ready to proceed on the scheduled trial date . Thebriefingswill be in writingwith an oral

presentation during the next scheduled Commission hearings

. Adequate Office Space for theparties

and the judiciary

Initialbriefing NLT 1

November 2019

2 . Lodging for the parties, the judiciarythe members, the public and themedia press

Second briefing NLT 1

February 2020

Third bricfing NLT 1May20203. The PA plan and facilities to be made

available to accommodate themedia pressand their in the trial. Fourth briefing NLT

August 20204 . Security clearances for experts ,

consultants , members of trial and defensetcamsand all to the

Commissions by the CA

Fifth briefing NLT 1

September 2020

Sixth briefingNLT

October 2020. Transportation plan for witnesses,

members ,parties, judiciary, etc during themotion practice, voir dire and the trialitself.

Seventh briefing and itemscomplete NLT 1

November 2020

6 . The provision of food for everyoneassociated with the trial in any capacity forthe 9 months or so that the trial process

could last.

FinalbriefingNLT 1

December

7 . The plan foraccommodatingmedical

emergencies that cannot be handled on theisland.

8 . The plan for redeploying participantsduring Commission approved breaks inhearing

9 . The plan for sequestering themembersfor weeks at a time.

10. Theplan for ensuring thatmilitarymembers do not lose BAH and other

entitlements during extended .

11. The CA ' s plan for per diem during theextended sessions of the Commission .