As a workaround, the court staff is designing a “virtual gallery with multiple camera angles simultaneously displayed,” said Ron Flesvig, a spokesman for the Office of Military Commissions. The public would be escorted there to watch the proceedings, streamed on a 40-second delay.
During recesses in the current courtroom, lawyers and other court participants often engage with reporters and relatives of victims of terror attacks, routine contact that would be lost with the “virtual gallery.” So would the ability for a sketch artist to observe the proceedings live.
The construction plan illustrates continuing improvisation at Camp Justice, the court compound at Guantánamo, where the military has been using modular structures and tents since 2007 to avoid building more permanent structures, which require congressional approval.
The second court was designed before President Biden took office with an administration-wide goal of ending detention operations at the base at Guantánamo Bay. It is being built in the United States for assembly at Guantánamo and is expected to be up and running in the middle of 2023, Mr. Flesvig said.
Meantime, workers can be seen at the court compound preparing a space adjacent to the existing courtroom for the new one. But Defense Department officials have yet to decide where to put the virtual gallery, or calculate its cost, he said.
The new court has room for just three defendants, too small for the Sept. 11 case, unless the judge severs some the five defendants from the joint capital punishment trial.
The plan does, however, allow for a scenario of two death-penalty cases being tried at the same time. In the Sept. 11 case, reporters and victims would watch live. But family members and shipmates of the 17 sailors killed in the Qaeda suicide attack of the destroyer Cole off Yemen in 2000, who routinely attend sessions, would be kept away from the court with other observers, watching video feeds.