SEC CHARGES FORMER PRESIDENT OF CARTER'S INC., WITH ENGAGING IN FINANCIAL FRAUD

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

On October 18, 2012, the Securities and Exchange Commission charged Joseph Pacifico, a former President of Carter’s, Inc., the Atlanta-based marketer of children’s clothing, for engaging in financial fraud at Carter’s. The SEC alleges that Pacifico’s misconduct caused Carter’s to materially misstate its net income and expenses in several financial reporting periods between 2004 and 2009.

The SEC’s complaint, filed in the United States District Court for the Northern District of Georgia, alleges that between 2004 and 2009, Carter’s Executive Vice President of Sales, Joseph Elles, who reported to Pacifico, fraudulently manipulated the amount of discounts that Carter’s granted to its largest wholesale customer in order to induce that customer—itself a large national department store—to purchase greater quantities of Carter’s clothing for resale. Elles then concealed his conduct by persuading the customer to defer subtracting the discounts from payments until later periods and creating and signing false documents misrepresenting the timing and amount of those discounts to Carter’s accounting personnel.

After Pacifico discovered Elles’s scheme, the complaint alleges that Pacifico signed a false certification to Carter’s accounting personnel that understated the amount discounts that Carter’s owed to the customer. The complained also alleges that Pacifico signed false internal forms that also misstated that discounts to be paid to the customer related to sales in 2009 when, in fact, the discounts related to prior financial periods. After conducting its own internal investigation, Carter’s was required to issue restated financial results for the affected periods.

The SEC’s complaint alleges that Pacifico violated Section 17(a)(2) of the Securities Act of 1933 ("Securities Act") and Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rules 10b-5(b) and 13b2-1 thereunder, and aided and abetted Carter’s violations of Sections 10(b), 13(a) and 13(b)(2)(A) of the Exchange Act and Rules 10b-5(b),12b-20, 13a-1, 13a-11 and 13a-13 thereunder. The SEC is seeking permanent injunctive relief, financial penalties, and an officer and director bar against Pacifico.

U.S. Department of Defense Armed with Science Update: U.S. ARMY PROVIDES EXPERTISE ON CHEMICAL AGENTS

U.S. Department of Defense Armed with Science Update

FORMER EXECUTIVES GO TO PRISON FOR INVOLVEMENT IN INVESTMENT BOND CONSPIRACY

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION
Thursday, October 18, 2012

Three Former Financial Services Executives Sentenced to Serve Time in Prison for Roles in Conspiracies Involving Investment Contracts for the Proceeds of Municipal Bonds

WASHINGTON – Three former financial services executives were sentenced today in U.S. District Court for the Southern District of New York, for their participation in conspiracies related to bidding for contracts for the investment of municipal bond proceeds and other municipal finance contracts, the Department of Justice announced. The three former executives were convicted after a three week trial on May 11, 2012.

Dominick P. Carollo, Steven E. Goldberg and Peter S. Grimm, all former executives of General Electric Co. (GE) affiliates, were sentenced by District Court Judge Harold Baer Jr. for their roles in the conspiracies. Carollo was sentenced to serve 36 months in prison and to pay a $50,000 criminal fine. Goldberg was sentenced to serve 48 months in prison and to pay a $90,000 criminal fine. Grimm was sentenced to serve 36 months in prison and to pay a $50,000 criminal fine.

"By manipulating the competitive bidding process, the conspirators cheated cities and towns out of money for important public works projects," said Scott D. Hammond, Deputy Assistant Attorney General for the Antitrust Division’s criminal enforcement program. "The division and its law enforcement partners remain committed to rooting out such corruption."

According to evidence presented at trial, while employed at GE affiliates, Carollo, Goldberg and Grimm participated in separate fraud conspiracies with various financial institutions and insurance companies and their representatives from as early as 1999 until 2006. These institutions and companies, or "providers," offered a type of contract, known as an investment agreement, to state, county and local governments and agencies throughout the United States. The public entities were seeking to invest money from a variety of sources, primarily the proceeds of municipal bonds that they had issued to raise money for, among other things, public projects. Goldberg also participated in the conspiracies while employed at Financial Security Assurance Capital Management Services LLC.

At trial, the Department of Justice asserted that Carollo, Goldberg, Grimm and their co-conspirators corrupted the bidding process for dozens of investment agreements to increase the number and profitability of investment agreements awarded to the provider companies where they were employed. Carollo, Goldberg and Grimm deprived the municipalities of competitive interest rates for the investment of tax-exempt bond proceeds that were to be used by municipalities for various public works projects, such as for building or repairing schools, hospitals and roads. Evidence at trial established that they cost municipalities around the country millions of dollars.

"Today’s sentencing of Carollo, Goldberg and Grimm for their involvement manipulating a competitive bidding process of public contracts is the final step in a case that demonstrates the FBI’s commitment to investigate and prosecute those who illegally influence the financial markets for their own profit," said Mary E. Galligan, Acting Assistant Special Agent Charge of the FBI in New York. "The co-conspirators scheme over many years deprived municipalities across the country of competitive interest rates on bonds, a yield that most cities would say they greatly need. The FBI will continue to work with our law enforcement partners to enforce the laws that protect our financial markets."

"The sentences handed down today send a clear message that crime motivated by outright greed will land you in jail," said Richard Weber, Chief, Internal Revenue Service – Criminal Investigation (IRS-CI). "Quite simply, the defendants stole money from taxpayers and conspired to manipulate the competitive bidding system to benefit themselves instead of the towns and cities that needed this money for important public works projects. IRS Criminal Investigation is committed to working with our law enforcement partners to uncover this kind of corruption and secure justice for American taxpayers."

Carollo was found guilty on two counts of conspiracy to commit wire fraud and defraud the United States, Goldberg was found guilty on four counts of conspiracy to commit wire fraud and defraud the United States and Grimm was found guilty on three counts of conspiracy to commit wire fraud and defraud the United States.

A total of 20 individuals have been charged as a result of the department’s ongoing municipal bonds investigation. Including today’s convictions, a total of 19 individuals have been convicted or pleaded guilty, and one awaits trial. Additionally, one company has pleaded guilty.

The sentences announced today resulted from an ongoing investigation conducted by the Antitrust Division’s New York Office, the FBI and the IRS-CI. The division is coordinating its investigation with the U.S. Securities and Exchange Commission, the Office of the Comptroller of the Currency and the Federal Reserve Bank of New York.

Today’s convictions are part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov .

Weekly Address: Congress Should Join the President to Help Responsible Homeowners | The White House

Weekly Address: Congress Should Join the President to Help Responsible Homeowners | The White House

SEC CHARGES THREE INDIVIDUALS FOR THEIR ROLES IN A $5.77 MILLION INVESTMENT SCHEME

FROM: SECURITIES AND EXCAHNGE COMISSION

On October 18, 2012, the United States Securities and Exchange Commission charged Geoffrey H. Lunn, Darlene A. Bishop and Vincent G. Curry for their roles in making false and misleading statements to investors and misappropriating investors’ money in connection with a $5.77 million investment scheme under the name of Dresdner Financial, a fictitious financial services company purportedly based in Chicago, Illinois.

The SEC’s complaint, filed in the U.S. District Court for the District of Colorado, alleged that between February 2010 and February 2011, the defendants raised $5.77 million from at least 70 investors located throughout the United States and several foreign countries. According to the complaint, Lunn solicited marketers and investors to the scheme by telling them that he was the Vice-President of Dresdner and that Dresdner’s principals had connections to Dresdner Bank (formerly one of Germany’s largest banks). As marketers, Bishop and Curry played significant roles in the scheme by soliciting and lulling investors while receiving payments from the investors’ money. The complaint alleged that Lunn, Bishop and Curry told investors that Dresdner offered 100% guaranteed rates of return through a process involving the lease and monetization of bank instruments. For example, the defendants told investors that by investing $44,000 in Dresdner’s .44 Magnum Leveraged Financing Program, they would receive a payment of $2 million within 10-12 banking days. When they were unable to repay investors after the promised 10-12 days, the defendants perpetuated the scheme by repeatedly postponing the payout dates and claiming that the delays were due to holds placed by banks or the government. In reality, all of these statements were false and Dresdner and its investment programs were nothing more than an elaborate hoax.

According to the complaint, Lunn did not invest any of the investors’ funds as promised. Instead, Lunn began making cash withdrawals from the investors’ money after the very first deposit. Over the course of the scheme, Lunn withdrew over $1 million in cash and Western Union transfers which he claims to have given to Dresdner’s creator, a one-eyed man who used the alias "Robert Perello." Lunn also gave at least $848,500 to three Las Vegas call girls, paid over $1.3 million to marketers (including over $650,000 to Bishop and Curry), paid $1 million to a favored investor in a Ponzi-like payment, and using the remaining investor funds to pay for his personal and business expenses.

The SEC’s complaint alleges that Lunn, Bishop and Curry violated the registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933, the antifraud provisions of Section 17(a) of the Securities Act, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and the broker registration provisions of Section 15(a) of the Exchange Act. The complaint seeks permanent injunctions, disgorgement of ill-gotten gains with prejudgment interest and civil penalties against all three defendants.

U.S.-INDIA SECURITY TIES

Map:  India.  Credit:  U.S. State Department

FROM: U.S. DEPARTMENT OF DEFENSE

Pacom Chief Encourages Closer U.S.-India Security Ties
By Donna Miles
American Forces Press Service

WASHINGTON, Oct. 15, 2012 - In his first visit to India as commander of U.S. Pacific Command, Navy Adm. Samuel J. Locklear III encouraged a closer defense relationship between the United States and India in which they address shared interests to promote long-term regional security and stability.

Locklear emphasized the U.S. interest in taking its relationship with India to the next level during meetings with Defense Minister A.K. Antony, Chief of Integrated Defense Staff Vice Adm. SPS Cheema and other officials in New Delhi.

"Building a strong military relationship with India builds understanding and deepens established ties that will contribute to the larger Asia-Pacific region," Locklear said during an Oct. 12 roundtable discussion at the Observer Research Foundation think tank following the sessions.

Locklear, who made a priority of developing the U.S.-India strategic partnership when he took the helm at Pacom in March, noted the two countries' common values and their mutual interest in a secure environment that promotes stability and allows economies to grow.

He emphasized the impact of globalization, which has increased the importance of sea lanes as a conduit of global commerce and the free flow of information in cyberspace.

"The economic system is so interlocked that a disruption of the flow of ... goods that disrupts the economy, in and of itself, is a security threat," the admiral told a Hindustan Times reporter.

But globalization also has given rise to terrorist structures and groups conducting illicit activities no longer limited by national borders, he noted. That demands closer cooperation among regional nations so they can work together to support their shared concerns, Locklear said.

"We're seeing an environment that demands more multilateralism," he said. "A regional environment utilizing strengthened partnerships and alliances will uphold long-term diplomacy, security and prosperity."

Locklear noted a "quite productive" effort to increase compatibility between the U.S. and Indian militaries, particularly in the maritime domain. But he encouraged closer future cooperation in two additional areas: counterterrorism and disaster response.

"I believe that where we have the most to gain in interaction is counterterrorism," he said. "We both have similar concerns, not just about counterterrorism in the immediate area of any one country. It's the spread of that terrorism, and its ability to upset the security environment in a way not productive for the future."

Locklear also recognized the value of regional collaboration to provide better responses to natural disasters and reduce suffering. "Militaries have a role in being able to respond early and jump start [that response]," he said. "I believe the United States and India share a very similar perspective on the importance of that."

To improve their ability to work cooperatively, the admiral acknowledged the need to increase technology-sharing. Defense Secretary Leon E. Panetta made that point when he visited India in June, and Deputy Defense Secretary Ashton B. Carter re-emphasized it during his follow-up visit to New Delhi in July.

"When it relates to our defense trade initiatives, there needs to be some streamlining, with more efficiency in it," Locklear agreed. "Certainly the timelines and bureaucracies on both sides need to be streamlined."

He applauded efforts both countries are making in that direction, recognizing that increasing compatibility benefits the entire region.

"We ... need the Indian military to have the very best equipment it can," Locklear said. "It is in the best interest of Pacom, and I believe of the security of the Asia-Pacific region, for the United States and our partners and allies in this region to be able for us to come together in a military way and be able to operate together effectively when necessary."

Asked about China's role, Locklear emphasized the importance of engaging positively with China as it emerges as a regional and global power and leader.

"If you step back and look at the strategic rise of China, it shouldn't be unexpected that as China rises in both economic and military power, they will start to have a greater influence on their neighbors and the region in which they live, and eventually, on the global environment," he said.

"The question is, 'How do we as a global community ... attempt to allow China to ... become a productive member of the security environment?'" Locklear said. "India and the U.S. share that as a common concern, and it should be a common objective."

The alternative, he said, is not good for anyone. Historically, turmoil has occurred when emerging powers like China entered into mature security environments that included a superpower like the United States. "In the past, we haven't had a lot of success with that happening without conflict," Locklear said.

"But today, the stakes are different. The world population is much more interlocked than in the past," he said. "We must see a future where China emerges productively and is contributing to a secure, peaceful environment and is not on the outside, looking in, or vice versa."

(Army Staff Sgt. Carl N. Hudson of U.S. Pacific Command contributed to this article.)

MEMORIAL FOR EXPLOSIVE ORDIANCE TECHNICIANS KILLED IN IRAQ

FROM: U.S. NAVY

121018-N-WA189-095 SAN DIEGO (Oct. 18, 2012) Commander Charles H. Andrews, commanding officer of Explosive Ordnance Disposal Mobile Unit (EODMU) 3, speaks during a memorial service held at the Vietnam Unit Memorial Monument at Naval Amphibious Base Coronado. Naval Special Warfare Group (NSWG) 1 and Explosive Ordnance Disposal Group (EODG) 1 held a memorial service for two special warfare operators and two explosive ordnance disposal technicians who were killed while conducting operations in support of Operation Enduring Freedom. The U.S. Navy has a 237-year heritage of defending freedom and projecting and protecting U.S. interests around the globe. Join the conversation on social media using #warfighting. (U.S. Navy photo by Mass Communication Specialist 2nd Class Adam Henderson/Released)

U.S. STATE DEPARTMENT ANSWERS QUESTION ON UN STATUS OF PALESTINIANS AND U.S. AID

Palestinan Terratories.  Right:  Map Of Gaza Strip.  Below:  Map Of The West Bank.  Credit:  CIA World Factbook.
FROM: U.S. STATE DEPARTMENT

United States Aid to the Palestinian Authority (Taken Question)

Taken Question

Office of the Spokesperson

Washington, DC

October 19, 2012

Question: Did any legislation enacted in the past year impose any new requirements on the Administration with regard to the Palestinian authority should the Palestinians make moves in the UN to enhance their status, e.g., are there any requirements to cut off aid, close the PLO office, etc.?

Answer: In December 2011, Congress passed new requirements in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 ("the Act"), which impose additional restrictions should the Palestinians obtain "the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside and agreement negotiated between Israel and the Palestinians."

If this legislation were triggered, section 7086 of the Act would prohibit "Economic Support Funds" from being made available to the Palestinian Authority but provides the Secretary of State with a national security interest waiver authority.

Additionally, existing law dating back to 1987 imposes restrictions on the PLO maintaining an office in the United States. Section 7086 of the Act permits periodic waiver of the PLO office restrictions under certain circumstances, including certification that the Palestinians have not, after the date of enactment of the Act, obtained in the United Nations or other specialized agency thereof the same standing as member states or full membership as a state outside an outside an agreement negotiated between Israel and the Palestinians."

U.S.-FRANCE RELATIONS REGARDING SCIENCE AND TECHNOLOGY

The Castle on the village square in Gordes, Provence, was partially rebuilt in
1525

FROM: U.S. STATE DEPARTMENT

U.S.-France Joint Commission Meeting on Science and Technology Cooperation

Media Note


Washington, DC
October 19, 2012

On October 25-26, the United States and France will hold their third Joint Commission Meeting on Science and Technology Cooperation in Paris, France.

The meeting, which is held under the auspices of the U.S.-France Science and Technology Agreement, monitors progress on and identifies new areas for scientific cooperation.

Representatives from the National Science Foundation, Department of Health and Human Services, National Cancer Institute, National Institute of Standards and Technology, Department of Defense, Department of Commerce, U.S. Agency for International Development, Smithsonian Institution and Department of State will meet with their French counterparts to discuss brain and neurodegenerative diseases, trilateral cooperation on health and sustainable development in Sub-Saharan Africa, protocols in chemical biology, and large scale infrastructure for life sciences such as biobanks. They will also discuss enhancing the mobility of researchers and new researcher exchange programs.

Dr. Kerri-Ann Jones, Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, will lead the U.S. delegation. Ms. Helene Duchene, Director of Mobility and Attractiveness, Office of Globalization, Development and Partnerships, Ministry of Foreign and European Affairs, will lead the French delegation.

In addition, Dr. Subra Suresh, Director of the National Science Foundation (NSF), will address priorities and new programs at the NSF.

The U.S.-France Science and Technology Agreement was signed on October 23, 2008. We have held two previous Joint Commission Meetings, resulting in collaborations in important areas such as Agriculture and Environment, Large Scale Infrastructures for Physics, and Science and Technology for Archeology. The last Joint Commission Meeting was held in 2010 in Washington, D.C.

ARMY DEVELOPING XM25 AIRBURST WEAPON SYSTEM

A Soldier fires the XM25, an airburst weapon system which will soon undergo a second Forward Operational Assessment

FROM: U.S. DEPARTMENT OF DEFENSE

Written on October 15, 2012 at 7:54 am by jtozer
Army Refining Airburst Technology

The U.S. Army is preparing to conduct a second Forward Operational Assessment of its XM25 Counter Defilade Target Engagement airburst weapon system.

Program managers are seeking to expedite development of the system, refine and improve the technology, and ultimately begin formal production by the fall of 2014, service officials said during a roundtable Sept. 20 at Fort Benning's Maneuber Center of Excellence.

The weapon fires a high-explosive airburst round capable of detonating at a specific, pre-determined point in space near an enemy target hidden or otherwise obscured by terrain or other obstacles.

"The XM25 brings a new capability to the soldier for the counter-defilade fight, allowing him to be able to engage enemy combatants behind walls, behind trees or in buildings," said Col. Scott Armstrong, project manager, Soldier Weapons. "The weapon fires a programmable airburst 25mm smart round. It consists of the weapons system with a target-acquisition control system mounted on top. Development of the system is going well."

The XM25 represents the state-of-the art in terms of airburst technology, consisting of a programmable 25mm round, a sensor and a fire-control system, said Dr. Scott Fish, Army chief scientist.

Using laser-rangefinder technology, the fire control system on the weapon uses computer technology to calculate the distance the round must travel in order to explode at a particular, pre-determined point in space, he explained.

"The laser rangefinder sends a pulse of light out to the target. This light pulse hits the target and is reflected back, allowing the fire-control system to calculate the distance based on the time it takes the light pulse to travel," Fish said. "Since the speed of light is known, the exact distance to the target can then be determined. Once you determine how far the distance is to the target, a computer then calculates how long it will take the round to get there."

The sensor and computer in the fire-control system calculate the time it will take the round to reach the target by factoring in the distance it needs to travel and the speed at which it travels, Fish added.

The 25mm round is engineered with a small, chip-based sensor able to track distance in flight so that the round detonates at precisely the right distance, Fish said.

Earlier prototypes of the XM25 recently completed 14-months of Forward Operational Assessments in Afghanistan, an effort designed to provide soldiers in combat with the advantage of having airburst technology and harvest important feedback needed to improve and refine development of the weapon’s final design for production.

"The Army has learned many valuable lessons from these deployments regarding how the weapon can be deployed and how tactics can be changed to better refine the design of the weapon. Based on feedback from soldiers and contractor testing, we have already incorporated more than 100 improvements to the systems related to ergonomics, performance and fire control," Armstrong said.

During its initial Forward Operational Assessment, the XM25 provided a decisive advantage to soldiers in combat in Afghanistan. While on patrol in Southern Afghanistan, soldiers with the 3rd Brigade, 10th Mountain Division used the XM25 to engage and successfully defeat enemy forces hiding behind three-to-four foot walls used by Afghans to grow grapes, said Command Sgt. Maj. James Carabello, MCoE, a combat veteran who recently led infantry units in Afghanistan with the Army’s 10th Mountain Division.
"We defeated any enemy force that we deployed the weapon against. The XM25 is a devastating weapons system that changes the face of battle when we are in direct fire contact with the enemy," he said.
In fact, the latest version of the XM25 slated to deploy with soldiers in Afghanistan in January of next year includes a range of key design improvements based on lessons learned from combat. Units using several prototype XM25s in theater were accompanied by teams of weapons experts focused on analyzing the system’s performance with a mind to making needed improvements, Armstrong said.

Modernization and improvements to the XM25 and other weapons are also based heavily upon soldiers’ experience in combat and the tactics, techniques and procedures used to maximize their effect.

Therefore, the Army initiated a pilot program aimed at helping soldiers train and prepare for the many contingencies of combat. The Advanced Situational Awareness Training program at Fort Benning’s Maneuver Center of Excellence consists of either a five or 22-day "train the trainer" course with intense classroom teaching and field exercises, said Command Sgt. Maj. Shawn Cook, 197th Infantry Brigade.

The training, designed to provide predictive tools and tactical problem-solving mechanisms, is aimed at helping soldiers make effective decisions in highly complex, fast-moving combat environments, he added.

"We are required to put our soldiers in harm’s way, and greater situational awareness provides them with more mission success and a safer environment. This training allows soldiers to better recognize human behaviors in their surroundings, enabling them to make better decisions. Soldiers who have deployed after this training say that it makes a big difference in the outcomes on the battlefield, increases effectiveness and saves lives," Cook said.

By Kris Osborn
www.army.mil

INTERNATIONAL SPACE STATION UPDATE

9-11 PRE-TRIAL HEARINGS ENDS FIRST WEEK

970215-N-3093M-001
Aviation Ordnanceman 1st Class David Ahearn (Diver) attaches an inert Satchel Charge to a training mine, during exercises in waters off Naval Base Guantanamo Bay, Cuba. U.S. Navy Photograph by Photographers Mate 2nd Class Andrew Mckaskle (Released)

FROM: U.S. DEPARTMENT OF DEFENSE

First Week of Pre-trial Hearings Wraps Up For 9/11 Suspects
By Donna Miles
American Forces Press Service

FORT MEADE, Md., Oct. 19, 2012 - All five suspects charged with planning and orchestrating the 9/11 terrorist attacks skipped court today, the Muslim weekly holy day, as the first week of pre-trial hearings to continue through spring concluded at Naval Air Station Guantanamo Bay, Cuba.

The judge, Army Col. James Pohl, continued the hearing in their absence, once again taking up the issues of how open the proceedings should be and to what extent classified information can be used as the case goes to trial.

The defendants in the case are Khalid Sheik Mohammed, the self-described mastermind behind the attacks; his nephew, Ali Abdul Aziz Ali; Walid Muhammad Salih Mubarak bin Attash, charged with selecting and training some of the hijackers; and Ramzi Binalshibh and Mustafa Ahmed Adam al Hawsawi, accused with helping finance the attacks.

They are charged with terrorism, conspiracy, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel or aircraft. If found guilty, they could receive the death penalty.

The commission devoted the first five days of pretrial hearings dealing with administrative and legal issues before the case goes to trial sometime next year.

The prosecution and defense teams spent the bulk of the week exchanging views on how to provide the accused a fair trial without compromising classified information that the government says could jeopardize national security.

They debated for hours on issues ranging from whether the proceedings are covered by the U.S. constitution and should be televised to what information will be included in the court record and whether the defense should have to reveal what its witnesses will say to justify the government flying them to Guantanamo Bay.

Ultimately, the judged ruled on four issues over the course of the week:

-- The defendants have the right to skip court proceedings regarding their case. Based on Pohl's ruling, they would have the right to submit a waiver request each morning that court convenes, and waivers would cover only that single day. Defendants who change their minds during the day could notify the guard force and attend court if it's possible to get them to the court facility after they make their request.

-- The defendants can wear pretty much what they want to their court proceedings, including camouflage clothing that both Mohammed and bin Attash have requested. Pohl stipulated, however, that the clothes must not be legitimate U.S. military uniform items, and, if prison garb, must not be in a color that misrepresents the detainee's security status.

-- Transcripts from so-called "802 conferences," during which the judge discusses issues with attorneys, will be made public, "as practicable," Pohl ruled. "This is not a blanket rule," he said. "It is not a 100 percent firm rule in every case."

-- A confidential consultant will be assigned to Hawsawi's defense team to assess his English proficiency. His counsel, Navy Cmdr. Walter Ruiz, requested a translator to help him better defend his client.

That leaves a broad range of major issues yet to be decided when the hearings resume Dec. 3 to 7.

Ruiz told reporters after a news conference following today's proceedings that Pohl had essentially "kicked the can down the road" on the most significant issues confronting the commission. The judge "greased the skids" by entertaining motions that enable the process to move forward without addressing those related to the fundamental issue of the commission's legitimacy, Ruiz said.

Today, the defense urged the judge to open the proceedings wider than what's available through closed-circuit TV beamed to viewing areas here at Fort Meade and at Fort Hamilton, N.Y.; Fort Dix, N.J.; and Fort Devens, Mass.

While not ruling on the motion, Pohl challenged the defense's argument that broadcasting the proceedings by closed-circuit TV to only limited sites jeopardizes the outcome. "Are you telling me that if we don't go on the public airways, that the accused won't get a fair trial?" he asked.

Pohl also did not rule on the prosecution's request for a protective order addressing classified information. The prosecution has asked for "presumptive classification," which essentially means that anything the defendants say is treated as classified unless it's proven not to be.

James Connell, learned counsel for Aziz Ali, told reporters following today's proceedings that he believes that presumptive classification, if granted, could become "a major issue on appeal."

Pohl also has not ruled on issues of constitutionality. The prosecution says the burden should be on the defense to prove what issues are constitutionally protected. The defense has asked that the judge address any congressional challenges one by one, as they arise during the proceedings.

Army Maj. Robert McGovern, representing the United States, said the government is ready to turn over documents once a protective order is in place. He argued, however, that the defense's request is overly broad, warning of "fishing expeditions" with no need to prove the relevance of what the defense requests.

Cheryl Bormann, learned counsel for bin Attash, emphasized the importance of open proceedings as she addressed the court for the first time this week in western-style clothing rather than a traditional Muslim hijab.

"This is one of the most important cases to be handled ... in a very, very long time," Bormann told Pohl. "This is a situation where transparency is paramount," she said, saying that other closed commission proceedings she has observed appear to be "not transparent, not fair and not just."

Army Brig. Gen. Mark S. Martins, the chief prosecutor, recognized that some people are impatient with the pace of the proceedings. But a deliberate approach is needed so that justice is served, he said. "We are a government of the rule of law," he told reporters.

No one is more interested in seeing the case move forward than the victims' families, some who attended this week's sessions, Martins said. "Our hearts go out to the victims and family members," he told reporters, calling their strength an inspiration.

Bormann told reporters she empathizes with the victims' families.

"I feel for them, very much so," she said. However, she defended accommodations the court is making to respect the defendants' religious beliefs, saying they are the same kind of accommodations the United States makes for all its own citizens.

ALPHA CENTAURI PLANET DISCOVERY

Our Cosmic Neighborhood
Due to the protective shielding of dangerous Galactic Cosmic Rays provided by a heliosphere or astrosphere, these structures are important for the planets that orbit the respective stars. Only over the last 15 years, we have been able to detect the first astrospheres and planets around other stars (exoplanets). Graphic of the most immediate environment around the Sun, our cosmic neighborhood. The locations of known astrospheres and exoplanets are indicated, while we anticipate that many more are present and just awaiting discovery. The nearest star, alpha Centauri has an astrosphere, and we know of at least two cases where we have detected both an astrosphere and exoplanets. These systems are truly analogous to our system in which the heliosphere shields a diverse planetary system. Credit: NASA/Goddard/Adler/U. Chicago/Wesleyan


FROM: NASA

NASA Statement On Alpha Centauri Planet Discovery

WASHINGTON -- The following is a statement about the European Southern Observatory's latest exoplanet discovery from NASA's Science Mission Directorate Associate Administrator, Dr. John Grunsfeld.

"We congratulate the European Southern Observatory team for making this exciting new exoplanet discovery. For astronomers, the search for exoplanets helps us understand our place in the universe and determine whether Earth is unique in supporting life or if it is just one member of a large community of habitable worlds. NASA has several current and future missions that will continue in this search.

"An example is NASA's Kepler mission. It was specifically designed to survey a specific region of our Milky Way galaxy to detect Earth-size and smaller planets in or near the habitable zone -- that region around a star where it is theoretically possible for a planet to maintain liquid water on its surface -- and determine the fraction of the hundreds of billions of stars in our galaxy that might have such planets. Kepler works very differently from HARPS. Rather than detecting the wobble in the host star, Kepler detects the slight dimming of a star when a planet passes in front of it.

"NASA's Hubble and Spitzer space telescopes have contributed to the study of exoplanets. Using their photometric and spectroscopic sensitivity, these space telescopes have made the first steps in characterizing the atmospheres of planets around other stars. They can only do this when the exoplanets pass serendipitously in front of its star, allowing the space telescope to study light that has filtered through the planet's atmosphere.

"NASA's James Webb Space Telescope (JWST) will provide a unique facility that will serve through the next decade as the mainstay for characterization of transiting exoplanets. The main transit studies JWST will be able to undertake are: discovery of unseen planets, determining exoplanet properties like mass, radius, and physical structure, and characterizing exoplanet atmospheres to determine things like their temperature and weather. If there are other planets in the Alpha Centauri system farther from the star, JWST may be able to detect them as well through imaging.

"NASA is also studying two medium-class exoplanet missions in our Explorer program, and in the spring of 2013 will select one of them to enter development for flight later in the decade."

NATIONAL CYBER SECURITY AWARENESS MONTH

JOINT BASE SAN ANTONIO-LACKLAND, Texas -- The Bureau of Justice Website says that in 2010, seven percent of households in the United States (about 8.6 million households) had at least one member age 12 or older who experienced one or more types of identity theft victimization. (U.S. Air Force graphic illustration by William Parks.)

FROM: U.S.  DEPARTMENT OF DEFENSE

National Cyber Security Awareness Month: Protecting PII everyone's responsibility

by Tech. Sgt. Scott McNabb
24th Air Force Public Affairs

10/16/2012 - JOINT BASE SAN ANTONIO-LACKLAND, Texas -- Safeguarding information is a way of life in the Air Force and the service trains military members, Department of Defense and contract civilians alike to avoid releasing personally identifiable information about themselves or others.

A letter from the secretary of defense defined PII as information which can be used to distinguish or trace an individual's identity, such as their name, social security number, date and place of birth, mother's maiden name, and biometric records, including any other personal information which is linked or linkable to a specified individual.

"I would agree that DoD community members have access to, and use, PII on a near daily basis," said David Swartwood, Joint Information Operations Warfare Center operations security analyst. "PII is embedded in nearly every aspect of what we do: military pay, travel orders, permanent change of station orders, medical, appraisals, record keeping, training, etc. For example, an identify thief can take your name, SSN and address and potentially open up fake banking accounts or obtain fraudulent credit cards. When we mishandle and improperly release PII it is like we're handing our exploitable information straight to the bad guy - we might as well put a bow on it."

The Bureau of Justice Website says that in 2010, seven percent of households in the United States (about 8.6 million households) had at least one member age 12 or older who experienced one or more types of identity theft victimization.

Swartwood said the Department of Defense has provided clear guidance on how to handle and protect PII and it's up to those who work for the department to recognize and protect PII.

"Mishandling PII places the individuals at risk and jeopardizes our mission," he said. "If my military member is distracted or harmed by a loss of their PII, then they're not focused on the mission and we're losing valuable time and resources resolving the issue. People need to understand there are adversaries out there who want to get a hold of their information and use it to harm them. When handling someone else's personal info, people should think, 'How would I want my information handled and protected?'"

Swartwood said JIOWC teams conduct OPSEC surveys around the world in support of combatant commands and they often find more PII than they should by monitoring communications and digging through trash and recycle containers.

"In a recent OPSEC survey our team recovered a small stack of improperly discarded personal paperwork in a recycle container," he explained. "It provided the service member's name, unit and SSN."

The OPSEC team did what most people do when they're looking for information. They went online.

"We did a quick 30 minute search online for the member's name and found: date of birth, phone number, personal e-mail address, social media profile, child's name, child's date of birth, child's school, child's age, school address and spouse's name," he said. "This military member had recently deployed overseas while their family remained at home. How effective do you think they would be if someone targeted their family while they were deployed? How easy do you think it would be to steal their identity and ruin their finances?"

That much information in just 30 minutes shows how easy it would have been, but there are ways to avoid such a breach of PII.

Do not leave items such as performance reports, recall rosters, social rosters or alpha rosters in an area that could result in their loss or theft. Do not place PII on public websites or SharePoint. Encrypt all emails that contain PII, put (FOUO) at the beginning of the subject line, and apply the following statement at the beginning of the e-mail:

"The information herein is For Official Use Only (FOUO) which must be protected under the Privacy Act of 1974, as amended. Unauthorized disclosure or misuse of this personal information may result in criminal and/or civil penalties."

Once you are finished working with PII, dispose of the documents (paper or electronic) properly. Disposal methods may include: tearing, erasing, burning, melting chemical decomposition, pulping, pulverizing, shredding and mutilation. Use shredders that produce a crosscut to ensure paper pieces are indecipherable. Permanently delete electronic records.

If you discover any disclosures of PII, report it immediately through your supervisor and chain of command and contact the base Privacy Act manager. Additionally, lost, stolen or possible compromised PII must be reported to U.S. CERT within one hour of the discovery. An investigation will be initiated and those who are found guilty of causing the breach could be charged with criminal and civil penalties.

DOD Instruction 5400.11-R, DOD Privacy Program and AFI 33-332, Air Force Privacy Program establishes the current DOD and Air Force guidance on PII.

"Education is the best countermeasure in my opinion," said Swartwood. "Letting people know they're responsible for protecting PII along with training them how to safeguard it is critical."

　

HONG KONG-BASED FIRM SETTLES INSIDER TRADING CASE BY PAYING OVER $14 MILLION

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

Washington, D.C., Oct. 18, 2012 — The Securities and Exchange Commission today announced that a Hong Kong-based firm charged with insider trading in July has agreed to settle the case by paying more than $14 million, which is double the amount of its alleged illicit profits. The proposed settlement is subject to the approval of Judge Richard J. Sullivan of the U.S. District Court for the Southern District of New York.

The SEC filed an emergency action against Well Advantate to freeze its assets less than 24 hours after the firm placed an order to liquidate its entire position in Nexen Inc. The SEC alleged that Well Advantage had stockpiled shares of Nexen stock based on confidential information that China-based CNOOC Ltd. was about to announce an acquisition of Nexen. Well Advantage sold those shares for more than $7 million in illicit profits immediately after the deal was publicly announced. Well Advantage is controlled by prominent Hong Kong businessman Zhang Zhi Rong, who also controls another company that has a "strategic cooperation agreement" with CNOOC.

"If approved by the court, Well Advantage has agreed to give up all of its ill-gotten profits from these trades and pay a substantial penalty on top of that," said Sanjay Wadhwa, Deputy Chief of the SEC Enforcement Division's Market Abuse Unit and Associate Director of the New York Regional Office. "The speedy resolution of this case shows the serious consequences that await traders who engage in insider trading."

Well Advantage has agreed to the entry of a final judgment requiring payment of $7,122,633.52 in illegal profits made from trading Nexen stock, and payment of a $7,122,633.52 penalty. The proposed judgment also enjoins Well Advantage from future violations of Section 10(b) of the Securities Exchange Act of 1934 and Exchange Act Rule 10b-5. Well Advantage neither admits nor denies the charges.

The SEC's investigation, which is continuing, has been conducted by Michael P. Holland, Simona Suh, Charles D. Riely, and Joseph G. Sansone — members of the SEC's Market Abuse Unit in New York - and Elzbieta Wraga and Aaron Arnzen of the New York Regional Office.

The SEC appreciates the assistance of the Financial Industry Regulatory Authority(FINRA

THE CUBAN MISSILE CRISIS AND PHOTO INTERPRETATION

FROM: U.S. DEPARTMENT OF DEFENSE
National Photographic Interpretation Center imagery kept President John F. Kennedy updated on progress made by the Soviets on their missile site in Cuba. This Oct. 25, 1962, image shows all the elements necessary to launch a missile with a 1,100 nautical mile range. Analysts could tell by the tracks in the ground leading to one of the missile shelter tents that a weapon in a high state of readiness was present. The image also demonstrated the Soviets' extensive use of canvas to camouflage its weapons components and, therefore, its intentions. Photo courtesy of National Geospatial-Intelligence Agency
  　
Photo Interpreters Recall Cuban Missile Crisis
By Ken White
National Geospatial-Intelligence Agency

SPRINGFIELD, Va., Oct. 18, 2012 - Fifty years after they discovered Soviet missiles poised to strike the United States from Cuba, two intelligence officers met with hundreds of their current-day counterparts to commemorate the anniversary of the crisis that nearly brought the world to nuclear war.

Vincent DiRenzo were part of a small group from the CIA's National Photographic Interpretation Center who worked for 13 tense days in October 1962 to avert disaster. They joined author and journalist Michael Dobbs, and two current analysts, in an Oct. 15 panel discussion at the National Geospatial-Intelligence Agency here.

Through reminiscences and present-day observations, the group illustrated the significance of the crisis and its continued impact on the tradecraft of imagery and geospatial analysis.

A photo interpreter, DiRenzo led the NPIC team and formed the initial conclusion about the presence of Soviet medium-range ballistic missiles in Cuba from analysis of U-2 spy plane imagery. He discussed the immediate wake of his discovery.

"Considering the severity of the identification, we figured we'd be in for a long night," DiRenzo said. He indicated that the initial assessment was not a "slam dunk," as convincing people of the true significance of the find was difficult. While DiRenzo was absolutely sure, the image did not show clearly identifiable missiles, but rather, long, canvas-covered objects that, to the layman, could be almost anything.

Charged with preparing materials on daily developments for NPIC Director Arthur C. Lundahl's briefs to the executive committee and the White House, Brugioni was instrumental in arming President John F. Kennedy with intelligence needed to navigate this perilous moment in history.

He recalled with humor how many of his briefing boards came back from the White House marked up with blue crayon from a doodling Caroline Kennedy. On a more somber note, he also relayed the fearful mood of the time.

"Black Saturday, we had gone to [defense readiness condition] 2," Brugioni said. "Fourteen hundred bombers were loaded with nuclear weapons; 50 B-52s were in the air; eight Polaris submarines were at sea; 125 [intercontinental ballistic missiles] were ready to fire; there was tactical aviation; there was 60 Thor missiles in England, 30 Jupiter missiles in Italy, and 15 Jupiters in Turkey. That morning we met with Art Lundahl and told him that all 24 pads were operational, meaning that within four to six hours, 24 missiles could be coming at the United States.

"I remember Lundahl scratching his chin, looked at me and said, 'I don't want to scare the hell out of them, but I want to make sure they understand the danger,'" Brugioni recalled.

The son of a career diplomat, Dobbs spent his formative years behind the Iron Curtain. He became a Cold War scholar after covering it as a foreign correspondent for the Washington Post. He drew a parallel between his work and intelligence analysis.

"I feel a kinship with intelligence analysts. We try to start with the evidence and proceed from the evidence to the conclusions," Dobbs said. "Our goal is to tell truth to power."

Dobbs went on to laud the efforts of the team who identified the missiles, and to praise Brugioni for his efforts since the crisis to improve public understanding of photo analysis.

"Dino has done more than anyone else to explain the art and science of photo interpretation to the broader public," he said. "He's a great educator; he's very good at explaining very complicated matters to laymen."

He also discussed how his research of the crisis, with the advantage of 50 years of hindsight, affirmed both the significance the crisis and the criticality of intelligence to policymaking. He also pointed out that 60 to 70 percent of the actionable intelligence came from NPIC during the crisis.

"This was the moment of the photo interpreter," Dobbs said. "They were able to tell [the president] when the missiles would be ready to fire."

It was probably the single biggest intelligence coup of the Cold War, he added.

Art Lundahl's son, Robert, shared his late father's connection with the president.

"Above all, my father was certainly a technologist. He was a scientist at heart; he loved technology," said the younger Lundahl. "It sounded like President Kennedy had an equal interest in technology. There was a bond there."

Beyond technology, Lundahl also shared what he believes to be the key to his father's effectiveness as an intelligence officer: exceptional communication skills.

"He was born to brief," Lundahl said. Specifically, he noted his father's ability to be credible, while adjusting to the knowledge level of his audience and using humor to diffuse tension.

NGA analyst Walter S. Trynock compared and contrasted the world of 1962 with today's environment. Communication skills remain critical for analysts, he noted, but the tools for providing geospatial intelligence are markedly different, and today's leaders are bombarded with information.

"The type of information, and the pace in which information is received by the policymaker, is constant, at all times of the day and night," Trynock said. "So the challenge is to bring out the relevancy and the 'so what' to contribute to their decision making."

Then and now, keen analysis always has been key, Dobbs said.

"Intelligence is like a huge jigsaw puzzle, and you only find a few pieces, and there are always going to be some missing pieces, but from the pieces you do find, you try to inform policymakers about the entire jigsaw puzzle," he said.

U.S. MARSHAL RECEIVES AWARD FOR HEROIC ACTS

FROM: U.S. MARSHALS SERVICE

U.S. Marshals Inspector Awarded for Heroic Acts

Alexandria, VA – U.S. Marshal Bobby Mathieson announces the U.S. Marshals Service recipient of the Department of Justice, Attorney General’s Award for Exceptional Heroism.

Inspector John Long for the U.S. Marshals’ Capital Area Regional Fugitive Task Force will be recognized today for his extraordinary act of courage and voluntary risk of life during the performance of official duties. The inspector will be presented the award for risking his life in the face of grave danger to protect the life of an area woman on the morning of Dec. 9, 2011. The inspector also received the U.S. Marshals Service Director’s Award for Valor in August regarding this act.

While conducting a fugitive investigation along with members of the USMS Capital Area Regional Fugitive Task Force, Inspector Long observed a woman running out of her home, being closely pursued by fugitive Johnny Jones, who was gripping her hair with one hand and holding a pistol in the other.

The woman, who was screaming for help, ran in the direction of Inspector Long. The inspector immediately stepped out of his vehicle, aimed his service rifle at Jones and announced, "Police, U.S. Marshal, drop the gun." Jones, immediately released the woman (after having ripped hair from her head) and retreated into the house, still holding the weapon.

The inspector secured the woman in his vehicle and summonsed the rest of the team, who were conducting surveillance nearby. It was later determined that Jones had used a brick to break through the woman’s sliding glass door during his attempt to abduct her.

Jones exited out of the rear of the residence, fleeing through the neighborhood and into a section of nearby woods. With the assistance of the Henrico County Police and the Virginia State Police, task force members set up a perimeter and canvassed the area. Inspector Long observed the fugitive crawling out of a nearby shed with pistol still in hand. The inspector aimed his rifle at Jones and gave him commands to drop the weapon and surrender. Jones stood up, tossed the gun and surrendered to the inspector and members of the U.S. Marshals task force.

Jones, a career criminal, was wanted on outstanding warrants for Abduction and Grand Larceny (Petersburg Bureau of Police), Probation Violation after serving time for convictions of Rape, Abduction, Malicious Wounding and Use of a Firearm (Virginia Department of Corrections) and Breaking and Entering and Theft of a Firearm while a fugitive (Dinwiddie County). Jones is also registered for life on the Virginia State Police Sex Offender Registry.

Jones was convicted in December in Henrico County for the offenses committed on Dec. 9, 2011, and sentenced to 6 ½ years imprisonment. He faces considerable time for violation of his probation, as well as pending charges in Petersburg and Dinwiddie County.

This event serves to remind us of the sacrifices that our nation’s law enforcement officers make each and every day to protect our communities.

The U.S. Marshals Service arrested more than 36,200 federal fugitives and 86,400 state and local fugitives in fiscal year 2011.

US Navy Videos: U.S.-SOUTH KOREA CONDUCT MINE COUNTERMEASURE TRAINING

US Navy Videos

U.S. CONDEMNS ACTS OF TERRORISM IN BEIRUT

Lebanon.  Map Credit:  CIA World Factbook

FROM:  U.S. STATE DEPARTMENT

Acts of Terrorism in BeirutRemarks

Hillary Rodham Clinton
Secretary of State
Washington, DC
October 19, 2012

The United States condemns in the strongest terms the acts of terrorism that took place in Beirut’s Achrafieh neighborhood. We extend our deepest sympathies to the families and loved ones of those who were killed.

The assassination of the Brigadier General Wissam al-Hassan, who was a strong defender of Lebanon’s security and its people, is a dangerous sign that there are those who continue to seek to undermine Lebanon’s stability. Lebanon must close the chapter of its past and bring an end to impunity for political assassinations and other politically motivated violence. We call on all parties to exercise restraint and respect for Lebanon’s stability and security.

The United States remains committed to an independent, sovereign, and stable Lebanon. We will continue to work with our partners to preserve Lebanon’s security and stability.

CLASSIFIED INFORMATION AND THE 9/11 AND WIKILEAKS CASES

FROM: U.S. DEPARTMENT OF DEFENSE
110525-N-PS473-037 NEW YORK (May 25, 2011) The amphibious transport dock ship USS New York (LPD 21) transits the Hudson River during Fleet Week 2011 parade of ships. New York has 7.5 tons of steel salvaged from the World Trade Center towers forged into her bow and is participating in the 24th annual Fleet Week New York. (U.S. Navy photo by Mass Communication Specialist 2nd Class Eric S. Garst/Released)

Classified Information Plays Central Role in Both 9/11, WikiLeaks Cases
By Donna Miles
American Forces Press Service
FORT MEADE, Md., Oct. 18, 2012 - Pretrial hearings for two major court cases – one involving the alleged perpetrators behind the 9/11 terror attacks and the other involving the soldier charged with the largest intelligence leak in U.S. history – are converging this week as attorneys operating in two very different legal systems focus on the issue of classified information in the courtroom.

The pre-trial hearing for Khalid Sheik Mohammed, who has confessed to planning the 9/11 attacks "from A to Z," and four others who allegedly trained, financed or arranged transportation for the 19 hijackers entered its fourth day today at Naval Air Station Guantanamo Bay, Cuba.

Mohammed's codefendants in the case are his nephew, Ali Abdul Aziz Ali; Walid Muhammad Salih Mubarak bin Attash, charged with selecting and training some of the hijackers; and Ramzi Binalshibh and Mustafa Ahmed Adam al Hawsawi, accused with helping finance the attacks.

Meanwhile, here at Fort Meade, the second day of pre-trial hearings continued for Army Pfc. Bradley Manning. He is an Army intelligence specialist accused of downloading and transmitting classified information to the whistle-blowing group WikiLeaks while he was deployed to Iraq.

The legal systems being used to prosecute these cases are significantly different.

Manning, as a member of the U.S. military, is subject to the Uniformed Code of Military Justice. This system has roots dating back to the Revolutionary War to promote good order and discipline in the armed forces. The 9/11 defendants, on the other hand, will be tried through a military tribunal governed by the Military Commissions Act of 2009.

Manning is charged with aiding the enemy; wrongfully causing intelligence to be published on the Internet, knowing that it is accessible to the enemy; theft of public property or records; transmitting defense information; and fraud and related activity in connection with computers. The charges against him also include violation of Army Regulations 25-2 "Information Assurance" and 380-5 "Department of the Army Information Security Program."

If found guilty, Manning could receive up to life in prison. He also could be reduced to E-1, the lowest enlisted grade, and face a total forfeiture of all pay and allowances and dishonorable discharge.

Military commissions, on the other hand, apply to "an alien unprivileged enemy belligerent who has engaged in hostilities, or who has purposefully and materially supported hostilities against the United States, its coalition partners or was a part of al Qaeda."

The 9/11 defendants were captured in Pakistan between 2002 and 2003 and have been confined at Guantanamo Bay since 2006.

They were charged during their arraignment in May with terrorism, conspiracy, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel or aircraft. If found guilty, they could receive the death penalty.

A casual peek into the courtrooms gives a glimpse into one of the most obvious differences between the UCMJ and military commission processes.

By law, Manning is not required to attend proceedings regarding his case, but a military lawyer with more than 20 years experience said on background that he's never seen a service member not attend. Photographers outside the courtroom yesterday captured images of Manning being escorted from the courtroom in his Army dress blue uniform with gold-colored private first class rank on his sleeves.

Army Col. James Pohl, the judge presiding over the 9/11 case, ruled earlier this week that the defendants don't have to attend their court sessions, as long as they sign a waiver form each morning they choose to skip. When they do elect to attend, they can dress as they choose – as long as their attire doesn't include U.S. military uniform items or prisoner garb in a color that would misrepresent their security status at the detention facility.

Mohammed quickly took advantage of both rulings. He opted out of court the first day after Pohl ruled that he could – the day the judge also took up the wardrobe issue. Yesterday, Mohammed initially elected not to attend the third day of pre-trial hearings, then showed up later that morning wearing a camouflage vest over his traditional white tunic.

Most of the distinctions between the UCMJ and military commission legal processes are less obvious to those without legal training, and the discussion could fill textbooks. One big question being debated during the 9/11 hearings, for example, is whether the defendants have constitutional rights.

However, a central concern in both the Manning and 9/11 cases is the issue of how classified information is dealt with in court.

Today, the fourth day of pretrial hearings for the 9/11 suspects continued to focus on the balance between protecting classified information that, if made public, could jeopardize U.S. national security, and the constitutional mandate that court proceedings be open to the public.

The prosecution and U.S. government lawyers say protections are needed to prosecute the case without disclosing classified information that would threaten U.S. national security.

In contrast, the defendant's defense teams accused prosecutors of using an overly broad banner of national security to safeguard information vital to providing a solid defense. Echoing them were lawyers representing the American Civil Liberties Union and media groups, who said the government wants to squelch information the public deserves to know.

Pohl is expected to rule this week on a protective order the prosecution has requested to spell out what provisions are protected and what aren't.

A central issue in both the 9/11 and Manning cases involves information regarding the defendants' detention. For Manning, that involves time when he was allegedly mistreated while being held in a Marine Corps brig at Quantico, Va. Of primary concern regarding the 9/11 defendants is time they spent in the hands of the CIA before being transferred to Guantanamo Bay.

Both cases also require hammering out details about witnesses who can be called. In Manning's case, for example, some witnesses' names have been redacted from the motion and are considered to be classified as secret. At Guantanamo Bay, the issue involves whether the defense is required to give the prosecution a heads up about what the witnesses it calls are likely to say –something the government would weigh in deciding whether to fly a witness to the courtroom.

Meanwhile, Army Col. Denise Lind, the judge hearing he Manning case, ordered the prosecution yesterday to release hundreds of emails about his incarceration to the defense team. Lind's ruling covered all but 12 of about 600 emails covering a range of issues: from Manning's visitor list and provisions to ensure he had proper uniforms to plans for responding to protesters and media queries. These emails, added to ones already in the possession of Manning's defense attorneys, bring to 1,200 the total number of emails that will presumably be used to argue that their client was treated illegally.

Lind also issued rulings that would allow parts of CIA, FBI and Department of Homeland Security documents used in the case to be redacted.

Ironically, the only concrete decision made during the 9/11 hearing today had nothing to do with the court proceedings. Rather, it involved the cleanup of administrative space the defense teams have complained are plagued with rat droppings and mold. Although base officials had declared them safe, a defense lawyer told Pohl the space is making her staff sick.

A Navy officer promised a comprehensive cleanup before the next series of pre-trial hearings, assuring the court that occupational health experts will verify that they they're up to standards.