Lu Weierbach L’25 Attended the Military Commissions Proceedings at Guantanamo Bay, Cuba as a National Institute of Military Justice Observer

Luis “Lu” Weierbach L’25, a U.S. Army Captain, attended the Military Commissions proceedings at Guantanamo Bay, Cuba this past summer as an observer with the National Institute of Military Justice (NIMJ.) Weierbach was nominated to participate by Professor Elizabeth Kubala, a NIMJ Fellow, and submitted a paper to the NIMJ detailing his observations.

Weierbach flew to Guantanamo Bay along with other trial observers, family members of victims, and personnel from the Pentagon’s Office of Military Commissions. He observed a week of pretrial motions in the 9/11 Case, which is a joint trial of four men charged with crimes tied to the events that occurred on September 11, 2001. Weierbach observed motions from the defense to exclude evidence that the defense contends was derived from unlawful interrogations. Defense expert testimony included extensive evidence from Dr. Charles A. Morgan III, a clinical and forensic psychiatrist and an international expert in memory and Post Traumatic Stress Disorder (PTSD). These pretrial hearings were to determine whether the Federal Bureau of Investigation (FBI) Letterhead Memoranda (“memoranda”) that details the Defendants’ confessions will be admissible during the trial which has not yet been scheduled. For most Defendants, the memoranda are a substantial part of the Government’s body of evidence.

In a presentation recounting what impacted him the most, Weierbach encouraged others to put themselves in the place of the family members of the 9/11 victims. “Imagine the family members, boarding a plane with the team that is defending the detainees and the judge who makes the rulings. And imagine, too, the press, a huge organization that has its own tilt. Certain members of the press have advocated heavily for the detainees. Imagine being a family member and being in such close physical proximity to all these individuals on the flight there.” 

Weierbach continued sharing his thoughts. “Then, imagine a week of interesting testimony with an expert who is suggesting key evidence against the accused should be excluded. Imagine yourself as a family member of a 9/11 victim being on the flight back with that witness.”   Weierbach astutely shared these and other unusual aspects of the legal proceedings occurring in Guantanamo Bay that differ greatly from legal processes back on U.S. soil.

NIMJ was founded in 1991 to advance the fair administration of military justice and to foster improved public understanding of the military justice system. Following President George W. Bush’s order that authorized military commissions, NIMJ studied and commented on the procedures established to hold and prosecute detainees by the Department of Defense. NIMJ continues to appear regularly as amicus curiae in cases involving detainee issues, to publish reports related to the military commissions, and to educate the public on the military commissions through its website.

The Department of Defense invites a few non‐governmental organizations to observe military commissions in an effort to satisfy the right to a public trial. As part of this program, NIMJ has been sending observers to the military commissions at the U.S. Naval Base at Guantanamo Bay, Cuba, since 2008. While several other organizations observe the proceedings, NIMJ’s observations are unique because of the military justice background of NIMJ board members and fellows. NIMJ’s leadership includes former judge advocates, private practitioners, and legal scholars. NIMJ’s observers attempt to put the proceedings in the appropriate historical, legal, and military context.