You are on page 1of 4

UNCLASSIFIEDIIFOR PUBLIC RELEASE

UNITED STATES OF AMERICA
v.

KHALID SHAIKH MOHAMMAD , WALID MUHAMMAD SALIH MUBARAK BIN ' ATTAS H, RAMZI BrN AL SHIBH , ALI ABDUL-AZIZ ALl , MUSTAFA AHMED ADAM AL HA WSA WI

AE052 Joint Defense Motion For Extension of T ime to Fil e Response

14 August 20 12

I. Timeliness: Th is mot ion is timely tiled.

2. Relief Sought: The defen se seeks an extension of time to respond to AE052 until 13
September 20 12.

3. Facts:
a. On 10 August 20 12, the accu sed were served with AE052. AE052 concerns a
matter of consid erable importance to both the prosecution and the defen se. b. The defendants' response is currently due on 24 August 20 12, during the motions hearin g commenc in g on 22 August 20 12. commiss ion w ill hear 26 mot ions at that hearing.
C.

Per AE059 Amend ed Docketin g Order, the

Counse l for the accused w ill of necess ity devote most of the next two week s to

preparat ion for the 22 Au gust hearin g, makin g an adequate response to AE052 difficu lt or impossible und er the current time frame.

4. Law and Argument:
a. Rule of Court 3(7)(c)(I ) provides that, " Unless the Military Judge provides otherw ise, a response is due within 14 calend ar days after a mot ion is f il ed subject to paragraph 6, above." This Rul e exp li citl y perm its the Mi li tary Judge to modify the time for filing when appropriate .

1

UNCLASSIFIEDIIFOR PUBLIC RELEASE
Filed with TJ 14 Aug ust 2012 Ap pellate Exhibit 052·' (Ext.) (KSM et al.) Page 1 of 4

UNCLASSIFIEDIIFOR PUBLIC RELEASE

b. AE052 is an important mot ion requirin g an adequate response. The mili tary
commiSS ion w ill benefit from the opportu ni ty for fu ll briefing of the issues presented by the

mot ion. 13 September 20 12 is two weeks from 30 August 20 12, the first day after return from the schedu led hearin g. c. The requested extension until 13 September 20 12 w ill cause no prejud ice to the prosecut ion or the military commiss ion, and w ill not affect the hearing schedu led to beg in on 22 August.
d. By joinin g th is request, the defendants do not wa ive the ir claim for relief in

AE020 Motion for Unspecified Delay in Submission of Responses to Go vernment Motions, Replies to Government Responses to Defense Motions, and Other Requests.

5. Request for Oral Argument: None. 6. Request for Witnesses: None. 7. Conference with Opposing Counsel: The defense has conFerred w ith the government.
The govern ment does not object to the requested relief.

8. Additional Information: None. 9. Attachments:
A. Cert if icate of Service.

2

UNCLASSIFIEDIIFOR PUBLIC RELEASE
Filed with TJ 14 Aug ust 20 12 Ap pellate Exhibit 052-1 (Ext.) (KSM et al.) Page 2 of 4

UNCLASS IFIEDIIFOR PUBLIC RELEASE

Very respectfully,

IIsll
JAMES G. CONNELL, III Learned Counsel

IIsll
STERLING R. THOMAS Lt Col, USAF Defense Counsel

Counsel for Mr. al Baluchi

IIsll
DA VlD Z. NEVIN Learned Counsel

IIsll
DEREK A. POTEET Maj, USMC Defense Counsel

IIsll
JASON D. WRIGHT CPT, USA Defense Counsel

Counsel for Mr. Mohammad

IIsll
C HERYL T BORMA NN Learned Counsel

IIsll
WILLIAM T HENNESSY Maj, USMC Defense Counsel

IIsll
MICHAEL A. SCHWARTZ Capt, USAF Defense Counsel

Counsel for Mr. bin 'Attash

IIsll
JAMES P. HARRINGTON Learned Counsel

IIsll
KEVIN BOGUCKI LCDR, USN Defense Counsel

Counsel for Mr. bin al Sh ibh

IIsll
WALTER B. RUIZ CDR, USN Defense Counsel

Counsel for Mr. al Hawsaw i

3

UNCLASSIFIEDIIFOR PUBLIC RELEASE
Filed with T J 14 August 2012 Appellate Exhibit 052-1 (Ext.) (KSM at al.) Page 3 of 4

UNCLASSIFIEDIIFOR PUBLIC RELEASE

CERTIFICATE OF SERVICE
I cert ify that on the 14th day of August, 20 12, I electronicall y filed the fore goin g

document with the Clerk of the Court and served the fore going on all counsel of record by email.

IIsil JAMES G. CONNELL, ill, Leamed Coullsel

UNCLASSIFIEDIIFOR PUBLIC RELEASE
Filed with TJ

14 August 2012

Attachment A Page 1 of 1

Appellate Exhibit 052-1 (Ext.) (KSM at al.) Page 4 of 4