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MILITARY COMMISSIONS TRIAL J UDICIARY GUA NTANAMO BA Y, CUBA

UNITED STATES OF AMERICA

AEOS2-4 Government Motion For Extension of T ime to Reply to Jo int Response o f M r. Mohamma d, Mr. bin 'Attash, Mr. bin al Shi bh, Mr. al Baluchi to Govern ment's Consolidated Notice Regardin g Ex Parte , 111 Cam era Filing and Motion for Finding 18 September 20 12

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KHALID SHAIKH MOHAMMAD; WALID M UHAMMAD SALIH M UBARAK BIN ' ATTASH; RAM ZI BINALSHIBH; ALI ABDUL AZIZ ALI; MUSTAFA AHMED AL HA WSA WI

1. Timeliness
This Mot ion is time ly fil ed pursuant to M ili tary Comm iss ions Tri al Judic iary Ru le of

Court 3.7.

2. Relief Sought
The govern me nt respectfu ll y requests an extension of time to fil e its reply to AE 052A until 4 Octobe r 20 12.

3. Facts
On 10 August 20 12, AE 052 was fil ed by the prosec ution. On 14 August 20 12, counsel for the fi ve respecti ve accused join tly requested an extension of time to fil e their response. See AE 052- 1. The prosecution did not object to th is request. Id . at 2. That same day, the Mili tary Judge granted defe nse counsels' request fo r an extension of time until 13 Septe mber 20 12. See AE 052-2 . On 13 September 20 12, coun se l for the fi ve accused, along with counse l for th e unrelated mili tary comm iss ion of Un ited States v. Nashiri, join tly filed a response to the prosecution's moti on. See AE 052A. The cl ass ifi ed response consists of about 3 1 pages of argument and 46 separate attachments. The attachments consist of hundreds of pages of material.

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4. Law and Argument

The Mili tary Commiss ions Tr ial Jud ic iary Rules of Court affords counsel the opportu ni ty to reply to a response with in seven (7) ca lend ar days of receiving the response. See Ru le 3.7.d(2) . Requests for an extension of time to file replies "must be addressed to the Mili tary Judge with mot ion-spec ific reasons for fa ilure to make the reply in a timely fash ion. " Rule

37.d(4)
The prosecut ion intends on replying to the joint response to AE 052. However, cou nsel for the accused, joined by counsel forMr. Nash iri , filed with th is Commission a lengthy response that incl udes hundreds of pages of material that must be reviewed. The prosecut ion respectfully 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 five accused, plus Mr. Nash iri. The next scheduled hearin g in th is case is 15- 19 October 20 12. The accused will not be prejudiced by an extension of time until 4 October 20 12. As such , the prosecut ion respectfully requests that the extension of time be granted.

5. Oral Argument
None requested.

6. Witnesses and Evidence

None.

7. Certificate of Conference
The prosecut ion conferred with counsel for the accused . Defen se 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 counsel for Mr. Hawsaw i.

8. Additional Information
None.

9. Attachments
A. Cert ificate of Service, dated 18 September 20 12.

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Respectfully submitted ,

IIsll Michael 1. Lebowitz Captain, JA, U.S . Army Ass istant Trial Cou nsel

Mark Mart ins Ch ief Prosecutor Military Comm iss ions

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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 T ime to Reply to Joint Response ofMr. Mohammad, Mr. bin 'Attash, Mr. bin a1 Shibh , Mr. a1 Baluchi , and Mr. a1 Nashiri to Government's Consolidated Not ice Regard in g Ex Parte, 111 Camera Filin g and Motion for Finding with the Office of M ili tary Commiss ions Trial Judiciary and 1 served a copy on counsel of record.

IIsll Michael 1. Lebow itz Capta in, JA, U.S . Army Ass istant Trial Cou nsel Office of the Ch ief Prosecutor Office of Mili tary Commissions

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