KSM II (AE052-4)

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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.

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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

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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

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