Colonel McCall’s ambitions for the week were modest: Allow lawyers to question him about his background to see if any of his relationships and experience might constitute conflicts or bias, and then meet separately with defense lawyers and prosecutors about classified information.
But in its ruling about the judge selection process, the Pentagon appeals panel nullified some of Colonel McCall’s earliest administrative decisions and orders in the Sept. 11 proceedings, finding that, when he issued them, during his first two months on the case in late 2020, he was too inexperienced to preside in a military commission.
Colonel McCall had been removed from the case in December after prosecutors protested. He had not yet served for two years as a military judge, a prerequisite for a judge at the war court. He was reinstated last month.
In the interim, the chief judge, Col. Douglas K. Watkins, failed in a behind the scenes effort to obtain waiver authority from the Pentagon and then handled the case himself — prompting defense lawyers to challenge months of administrative decisions by both judges.
Much has changed since the last session in the death penalty case that accuses Mr. Mohammed, his nephew and three other men of conspiring with the hijackers who killed nearly 3,000 people in New York, Pennsylvania and at the Pentagon.
The chief prosecutor, Brig. Gen. Mark S. Martins, who had been on the case since the arraignment of the defendants in May 2012, is retiring from the Army and was absent from the courtroom, leaving only civilian lawyers representing the prosecution, a first in the history of the case.
The judge required that everyone in the courtroom wear masks but granted himself an exception so that lawyers asking him about his credentials and qualifications could see his reactions to their questions. Four of the five defendants ignored the instruction and took off their masks so that they could see one another as they chatted, possibly for their first encounters since the start of the pandemic because they are spread across two different maximum-security cell blocks.