ksm ii (ae052-4)
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UNCLASSIFIEDIIFOR PUBLIC RELEASE
MILITARY COMMISSIONS TRIAL J UDICIARY
GUANTA NAMO BA Y, CUBA
UNITED STATES OF AMERICA
v_
KHALID SHAIKH MOHAMMAD;
WALID MUHAMMAD SALIH
MUBARAK BIN ' ATTASH;
RAM ZI BINALSHIBH;
ALI ABDUL AZIZ ALI;
MUSTAFA AHMED AL HA WSA WI
1. Timeliness
AEOS2-4
Go vernment Motion
For Extension of T ime to Reply to Jo in t
Response of M r. Mohammad, Mr. bin
'Attash, Mr. bin al Shi bh, Mr. al Baluchi to
Governme nt's Consolidated Notice
Regarding Ex Parte , 111 Camera Filing and
Motion for Finding
18 September 20 12
Th is Mot ion is time ly fil ed pursuant to M ili tary Comm issions Trial Judic iary Ru le of
Court 3.7.
2. Relief Sought
The governme nt respectfu lly requests an extension of t ime to fil e its reply to AE 052A
until 4 October 20 12.
3. Facts
On 10 August 2012, AE 052 was fil ed by the prosecution. On 14 August 20 12, counsel
fo r the five respec tive accused jo in tly requested an extension of time to file their response. See
AE 052- 1. The prosecution did not object to th is request. Id . at 2. That same day , the M ili tary
Judge granted defense counse ls' request fo r an extension of time until 13 September 20 12. See
AE 052-2. On 13 September 20 12, coun se l for the five accused, along with counse l for th e
unrelated mili tary comm iss ion of Un ited States v. Nashiri, join tly f iled a response to the
prosecution's motion. See AE 052A. The class ified response consists of about 3 1 pages of
argument and 46 separate attachments. The attachme nts consist of hundreds of pages of
material.
Filed with T
18 September 2012
UNCLASSIFIEDIIFOR PUBLIC RELEASE
Appellate Exhib
it 052-4 (Exl.)(KSM et al.)Page 1 of 4
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4. Law and Argument
The M ili tary Commissions Tr ial Jud ic iary Rules of Court affords counsel the opportu ni ty
to reply to a re sponse with in seven (7) ca lend ar days of receiving the re spo nse. See Ru le
3.7.d(2) . Requests for an extension of time to file replies "mustbe
addressed to the Mili
tary
Judge with motion-spec if ic reasons for failure to make the reply in a time ly fash ion. " Rule
37.d(4)
The prosecut ion in tends on replying to the joint respo nse to AE 052. However, cou nsel
for the accused, jo ined by counsel forMr. Nash iri , filed with th is Commission a lengthy re sponse
that includes hundreds of pages of material that must be reviewed. The prosecution re spectfully
requests an extension of time until 4 October 20 12 to file its reply so that it can thorough ly
review the materials provided by cou nsel for the f ive accused, plus Mr. Nash iri.
The next scheduled hearing in th is case is 15- 19 October 20 12. The accused w ill not be
prejudiced by an extension of time until 4 October 20 12. As such , the prosecut ion re spectfully
requests that the extension of time be granted.
5. Oral Argument
None requested .
6. Witnesses and Evidence
None.
7. Certificateof Conference
The prosecut ion conferred with counsel for the accused. Defense counse l for Mr.
Mohammad, Mr. bin 'Attash, Mr. Binalshbh , and Mr. A li do not object to th is request. The
prosecut ion did not receive a reply from counse l for Mr. Hawsaw i.
8. Additional Information
None.
9. Attachments
A. Cert ificate of Service, dated 18 September 20 12.
2
UNCLASSIFIEDIIFOR PUBLIC RELEASEFi
led with T18 September 2012 Appellate Exhibit 052-4 (Exl.)(KSM et al.)Page 2 of 4
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Filed with TJ
18 September 2012
UNCLASSIFIEDIIFOR PUBLIC RELEASE
Re spectfully submitted,
IIsll
Michael 1. Lebowitz
Captain , JA, U.S . Army
Assistant Trial Cou nsel
Mark Mart ins
Ch ief Prosecutor
Military Comm issions
3
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Appellate Exhibit 052-4 (Ext.)(KSM at al.)Page 3 of 4
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CERTIFICATE OF SERVICE
I certify that on the 18th day of September 20 12, J fi led AE 052-4, the Government Motion
For Extension of Time to Reply to Joint Response ofMr. Mohammad, Mr. bin 'Attash, Mr. b in
a1Shibh, Mr. a1Baluchi , and Mr. a1Nashiri to Government' s Consolidated Notice Regard ing Ex
Parte, 111 Camera Filing and Motion for Finding with the Office of M il i tary Commiss ionsTr ial
Judiciary and 1served a copy on cou nsel of record.
Filed with TJ
18 September 2012
IIsll
Michael 1. Lebowitz
Capta in , JA, U.S . Army
Assistant Trial Counsel
Office of the Ch ief Prosecutor
Office of M ili tary Commissions
4
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Attachment APage 1 of 1 Appellate Exhibit 052-4 (Ext.)(KSM at al.)Page 4 of 4