Armed Conflict Criminal Justice & the Rule of Law Terrorism & Extremism

3/3 Session #2: Housekeeping

Wells Bennett
Tuesday, March 3, 2015, 11:10 AM
We return from recess. What will the way forward be?  The military judge mentions pending motions AE319F and G, and AE333, and AE337.  In his view, Judge Spath may be able to rule on some of these without in-court argument, between now and the case’s next session in April. His meaning is clear: “There’s only one of me,” he says, and the workload is simply mind-blowing, and much of it involving reviews in secure facilities.

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We return from recess. What will the way forward be?  The military judge mentions pending motions AE319F and G, and AE333, and AE337.  In his view, Judge Spath may be able to rule on some of these without in-court argument, between now and the case’s next session in April. His meaning is clear: “There’s only one of me,” he says, and the workload is simply mind-blowing, and much of it involving reviews in secure facilities. He’s allusion to needing more time suggests that we won’t be handling these filings just now; Judge Spath also notes a few rulings on motions that are forthcoming, too. Some more housekeeping and calendar talk follows; its conclusion brings us to AE248H, the prosecution’s motion to reconsider Judge Spath’s prior ruling, excluding certain evidence of Al-Nashiri’s “wanton disregard for human life.” But it seems we won’t take up this piece until after lunch. See you at 1330.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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