Michelle Nicolet, an FBI unit chief, testified about annual review and removal of special administrative measures governing prison communications. She described their uncertain duration, while cross-examination established that some restrictions had been renewed since 2002 and raised a dispute about her account of a judicial modification in this case.
Law enforcementFederal Bureau of Investigation
Michelle Nicolet
FBI agent with experience supervising work in military commissions prosecution.
Appeared2015 Federal Trial
74 lines·7 proceedings·3 mentions
About
Michelle Nicolet testified for the prosecution on Day 61 about special administrative measures (SAMs), the prison restrictions whose continuation and removal were disputed in arguments about future communication opportunities. An FBI unit chief overseeing terrorism-related SAMs requests, she explained how restrictions are reviewed rather than predicting how long they would apply to a particular inmate. The defense had proposed communication-restriction evidence to answer the incitement aggravating factor, and the Court permitted questioning about whether SAMs could end.
On direct examination, Nicolet described annual recommendations moving through FBI field offices, her unit, the appropriate U.S. Attorney's office, and the Justice Department's Office of Enforcement Operations. She said restrictions lapse without renewal and receive a fresh assessment each year. Inmates generally came off SAMs each year, but removal was not guaranteed. The Court allowed general testimony that litigation had produced modifications, but struck her answer about modifications in this case and instructed the jury to disregard it.
Under cross-examination by Timothy G. Watkins, Nicolet confirmed that some individuals had remained under annually renewed SAMs since 2002 and that restrictions could be reimposed after lapsing. She distinguished authorization of modifications from Bureau of Prisons implementation. Her statement that she understood the Court had ordered a modification in this case prompted Watkins to request a corrective instruction. The prosecution defended her characterization, while the Court expressed uncertainty and deferred any correction. Nicolet also said she knew of no order vacating or modifying SAMs for sentenced prisoners.
On redirect, Nicolet explained that renewal considerations included current relevance, terrorist-group leadership, historical violations, and potential prison disciplinary infractions. Over a defense objection that the Court overruled, she confirmed that some individuals subject to SAMs since 2002 had later had the restrictions removed.
Trial Record (7)
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