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As the Supreme Court's October 2012 Term enters its climactic closing week, I've been thinking a lot about the most important national security decision of the Term--the 5-4 February 26 decision in <
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In testimony before the Senate Judiciary committee yesterday, outgoing FBI Director Robert Muller acknowledged that his agency uses drones to conduct surveillance within the United States in a "very, ver...
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We would hear the gavel bang, but there doesn’t appear to be a gavel inside the Expeditionary Legal Complex courtroom. At any rate, the military judge, Army Col. James Pohl, ascends the bench and calls ...
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At approximately 0900, Lawfare will continue its coverage of pretrial proceedings in the 9/11 military commission case.
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For those readers who haven't noticed, Lawfare has been experiencing significant technical difficulties over the past 36 hours---intermittent outages ranging from a few minutes to, in a couple of cases, ...
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Those who follow my blog posts devoutly (both of you :-)) will be sad to learn that I will be off-line from now until the July 4th holiday. Of course, as with everything I write about, the underlying re...
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Crackles can be heard as lapel mics are adjusted and our proceedings are called back to order. A cell phone detection alert in the courtroom caused our most recent technical outage. Judge Pohl asks all...
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We return from lunch curious about whether video teleconference issues have been resolved. That would allow us to hear from Admiral David Woods, former commanding officer at GTMO, once again. It turns ...
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Our proceedings resume, and all wonder: do the machines work? They may soon, as the commission gives the technical folks until 1300 to resolve any outstanding issues. We’ll thus work on some other odds...
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Technical snags resolved---or, at least worked around temporarily---we return to J. Connell III’s examination of Admiral Woods.
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Carol Rosenberg wrote about yesterday's arguments in the 9/11 hearings on defense counsel's request for access to the Red Cross's reports of its interviews with the five accused.
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Rear Admiral David Woods appears now, by video teleconference. J. Connell III, Ammar al-Baluchi’s lawyer, questions Woods in connection with AE008, AE18, and AE32---motions to dismiss for defective refe...
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A lawnmower can be heard outside here at Burba, as the CCTV screen comes alive. The military judge takes the bench, and the commission is called to order. All five accused are in the house.
Our first o...
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Despite the lack of any hearings in the Bradley Manning trial today, your correspondents are still working out of Burba Cottage at Fort Meade for our third day of CCTV-broadcasted coverage of pre-trial h...
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The following is a guest post by Susan Landau, author of Surveillance or Security? The Risks Posed by New Wiretapping Technologies.
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A few words for MacDonald, from Al-Baluchi counsel J. Connell III. The court hints at a narrower re-direct examination, reminding Connell and other counsel to limit questions to issues addressed during ...
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Addressing the witness, prosecutor Edward Ryan proposes to keep things simple.
Is there an actual law that created these commissions? Yes, the MCA 2009, as implemented in the Military Commissions Manua...
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Having defrosted outside for a spell, we return from lunch. Lo and behold, the video hookup has been repaired. Thus our marching orders are re-jiggered a bit---and we proceed, not with further debate o...
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I'm pleased to announce two new collections of resources for the Lawfare Wiki Document Library. Thanks to Alan Rozenshtein, we now have a page devoted to war powers---which includes everything from decla...
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A three-judge panel (Judges Henderson, Griffith and Edwards) of the D.C. Circuit has affirmed the District Court's decision to deny Guantanamo detainee Abdul al Qader Ahmed Hussain's petition for a writ ...