Defending Those Who Defend Us®

Classified Litigation

As a prosecutor for the Office of Military Commissions, Captain Hafemann served as a trial counsel on several Military Commissions cases: U.S. v. Hasan Bin Attash, an alleged al Qaeda operative, logistician, facilitator, and trainer whose family has close relationships with senior al Qaeda leaders and whose older brother is charged as a 9/11 co-conspirator.  U.S. v. Abd al- Rahim Ghulam Rabbani and U.S. v. Ahmed Muhammad Husayn Ghulam Rabbani, both of whom are alleged al Qaeda facilitators who provided significant logistical support to a majority of the 9/11 hijackers.  United States v. al Darbi, an alleged al Qaeda member who planned to carry out terrorist attacks against shipping vessels in the Straits of Hormuz.  In all of these cases, Captain Hafemann was instrumental in preparing the prosecution team’s charging sheets, referral binders, and organizing the prosecution team’s review of documents for discovery and anticipated litigation and created a Standard Operating Procedure for the declassification of CIA material for use at trial.  Of special note, Captain Hafemann was hand selected, and successfully conducted, a pretrial debriefing on an alleged detained al Qaeda bomb maker at Guantanamo Bay, Cuba. (Hafemann, 2012)

Captain Hafemann also served as a trial counsel on a group of cases against Jemaah Islamiya (J/I), a terrorist group based out of Southeast Asia, which included: U.S. v. Hambali, a key planner and facilitator for the Bali bombings in 2002 and the Jakarta Marriott Hotel bombing in 2003; U.S. v. Bashir Bin Lap, a key lieutenant and operational leader for J/I who was slated to be a suicide bomber for an al Qaeda attack in Los Angeles; and U.S. v. Zubair, an operational planner for J/I and money facilitator for al Qaeda who was also slated to be a suicide bomber for an al Qaeda attack in Los Angeles. (Hafemann, 2012)

Captain Hafemann served as a trial counsel for the case of U.S. v. Hadi al-Iraqi, an alleged al Qaeda senior leader who served as the chief of al Qaeda military operations in Afghanistan and Pakistan from 2001 until 2004.  In this role, Captain Hafemann reviewed countless documents, statements of potential witnesses, and worked tirelessly to locate, develop, and organize numerous pieces of physical evidence to be used at trial.  Additionally, Captain Hafemann coordinated the interagency planning process and drafted a robust and comprehensive security plan to be used at trial in order to protect classified information. (Hafemann, 2012)