Serial S04 - Ep. 9: This Is the Weirdness

Release Date: May 16, 2024
Host: Serial Productions & The New York Times
Description: This episode delves into the protracted and convoluted military commission trial of the five men accused of orchestrating the September 11th attacks. It explores the emotional and psychological toll on the families of the victims and highlights the systemic failures within the U.S. justice system in delivering meaningful accountability.

1. Introduction

The episode opens with a reflection by host Sarah Koenig on her personal connection to The New York Times games, drawing a parallel to how engagement in complex puzzles can mirror the intricate and taxing nature of the 9/11 military commission trial. This sets the stage for a deep dive into the perplexing legal battle surrounding the accused of the September 11th attacks.

2. The September 11th Families for Peaceful Tomorrows (Peaceful Tomorrows)

At the heart of the episode is the group September 11th Families for Peaceful Tomorrows, a coalition of family members who responded to the 9/11 tragedy with a mission rooted in pacifism and a commitment to justice without vengeance. Members include:

• Colleen Kelly: A nurse practitioner from the Bronx whose brother, Bill Kelly, perished in the attacks.
• Terry: A retired documentary filmmaker from Boston.
• Diane: A retired ordained minister from Savannah.
• Valerie: Former non-profit worker accompanied by her persistent cat.
• Barry: A graphic designer from Oregon.
• Phyllis: An 80-year-old retired teacher from New York.

These individuals have maintained long-term relationships, supporting each other through various life changes while collectively focusing on the legal proceedings against the 9/11 defendants.

Notable Quote:
[00:35] Colleen Kelly: "It was a ticket out of jail card."

3. The Complexity of the 9/11 Military Commission Trial

Serial S04 highlights the profound complexities and systemic flaws within the military commission trial process:

• Hearsay and Torture-Derived Evidence: Unlike standard criminal courts where defendants have the right to confront accusers, the Guantanamo military commissions permit the use of hearsay and evidence potentially derived from torture.
  Sarah Koenig explains:
  [12:00] "In normal criminal court, a defendant has a constitutional right to confront his accuser... But in the military commissions, it's mushier."

• Classification Issues: A significant portion of the evidence remains classified, hindering the defense's ability to adequately prepare and challenge the prosecution's case.
  Sarah Koenig notes:
  [17:07] "The classification guidelines for the military commissions are themselves classified."

• Operational Disruptions: Incidents like the "kill button" mishap and the discovery of hidden microphones in attorney-client meeting rooms showcase the pervasive interference and lack of transparency.
  Colleen Kelly describes:
  [16:27] "This is the weirdness."

These factors contribute to endless delays, litigation, and an overarching sense that the trial may never reach a meaningful conclusion.

4. Personal Stories and Emotional Toll

Colleen Kelly's Journey:
Colleen's narrative is deeply personal. Her brother, Bill Kelly, was trapped and ultimately killed in the World Trade Center. Her relentless pursuit of answers led her to become a pivotal member of Peaceful Tomorrows, dedicating herself to the trial as a means to process her grief and seek accountability.

Notable Quote:
[06:20] Terry: "What does justice also look like for them? Yeah, something that I never even thought that I would sit there and think about."

Terry's Experience:
Terry, another family member, shares her obsession with understanding the specifics of the attacks, emphasizing her need for concrete answers from the defendants.

Notable Quote:
[15:07] Sarah Koenig: "Don't you feel like you know why they did it?"
[15:09] Terry: "No, I've been told by people who are not the five accused why they did it."

These personal accounts underscore the profound emotional strain faced by families awaiting justice.

5. Plea Deals and Family's Struggle

As the military commission trial stumbles, the prosecution initiates plea negotiations. The proposal involves:

• Removal of the Death Penalty: The defendants would plead guilty without the possibility of a death sentence.
• Stipulation of Facts: A 200-page document where each defendant would detail their involvement in the attacks, aimed at providing the families with the answers they seek.

Peaceful Tomorrows' Dilemma:
The families grapple with the ethical and emotional implications of such a deal. While it offers a semblance of closure, many view it as insufficient given the gravity of the crimes.

Notable Quote:
[39:20] Colleen Kelly: "It's really a deep examination of who exactly did what in the plot around 9 11."

Public backlash intensifies as the news of the plea deal spreads, leading to widespread outrage among victim families who feel this approach undermines the quest for true justice.

6. Government's Role and Political Dynamics

The administration's reluctance to endorse the plea deal becomes a significant obstacle:

• Biden Administration's Stance: Initially ambiguous, it becomes clear that there is no support for the proposed policy principles that would make the plea deal acceptable to the families.
• Senate Judiciary Committee Hearing: Colleen Kelly testifies, emphasizing the prolonged suffering and the need for a meaningful resolution.
  Colleen states:
  [33:41] "This is endless. There's always something, and there's always gonna be something."

The lack of governmental backing stalls the negotiations, leaving the trial mired in uncertainty.

Notable Quote:
[41:44] Terry: "I feel like the Biden administration should order them not to accept this plea deal."

7. The New Generation of Family Members

A new wave of younger family members joins Peaceful Tomorrows, bringing fresh perspectives:

• Layla Murphy: A burgeoning lawyer who seeks a formal admission of guilt from the U.S. government, highlighting a generational shift from seeking justice through the courts to demanding governmental accountability.
  Layla expresses:
  [59:20] Terry: "Their horrible behavior is the reason we're in this situation and the reason it's dragging on for so long."

These young members symbolize a different approach, one that challenges the traditional avenues of seeking justice.

8. Emotional Conclusion

The episode poignantly captures the dwindling hope for a conclusive trial:

• Colleen and Terry's Despair: Both express profound fatigue and sorrow over the seemingly unending pursuit of justice.
  Colleen reflects:
  [52:10] "I could entirely imagine that the prosecution would feel like that... and that there's just kind of a play that happens."

• Layla's Pragmatism: In contrast, Layla maintains a composed demeanor, focusing on systemic failures rather than personal vengeance.
  Layla states:
  [60:22] Terry: "Their horrible behavior is the reason we're in this situation and the reason it's dragging on for so long."

The episode concludes on a somber note, highlighting the unresolved pain and the persistent failures of the military commission system to deliver justice.

9. Closing Thoughts

Serial S04 - Ep. 9: This Is the Weirdness serves as a critical examination of the intersection between personal grief, the quest for justice, and systemic legal failures. Through the intimate stories of the families and the intricate details of the military commission trial, the episode underscores the profound and enduring impacts of September 11th on both individuals and the broader American consciousness.

Final Reflection by Sarah Koenig:
[56:14] Terry: "Now, this person, Run this person, this is just all so fucked up."

The episode leaves listeners contemplating the true meaning of justice and the human cost of legal inefficacies in the wake of national tragedy.

Notable Quotes with Timestamps

• [00:35] Colleen Kelly: "It was a ticket out of jail card."
• [03:32] Terry: "Because they think they're going to Florence."
• [15:07] Sarah Koenig: "Don't you feel like you know why they did it?"
• [15:09] Terry: "No, I've been told by people who are not the five accused why they did it."
• [39:27] Sarah Koenig: "That's the document Colleen and the others are waiting for."
• [41:44] Terry: "I feel like the Biden administration should order them not to accept this plea deal."
• [52:10] Colleen Kelly: "I could entirely imagine that the prosecution would feel like that... and that there's just kind of a play that happens."
• [59:20] Terry: "Their horrible behavior is the reason we're in this situation and the reason it's dragging on for so long."

Conclusion

Through meticulous reporting and deeply personal narratives, Serial S04 - Ep. 9: This Is the Weirdness paints a vivid picture of the lingering shadows cast by September 11th. It challenges listeners to reflect on the true essence of justice and the profound human toll of legal disarray.