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Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of t...
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Lawfarers, it appears the day's proceedings have been postponed on account of deteriorating weather conditions at Guantanamo---and might even be cancelled outright. We're thus in a holding pattern, as t...
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I agree with Bobby’s analysis of this morning’s Washington Post profile by Karen DeYoung of John Brennan, and would add these thoughts:
Eliminating CIA’s Drone Capacities. Count me as skeptical that we...
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We come to our third and final day of hearings in United States v. Al-Nashiri, which we'll observe from our CCTV perch at Fort Meade.
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Chief Prosecutor Mark Martins last night issued this statement regarding the progress to date in this week's motions hearing in Al-Nashiri.
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[Note: I'd originally indicated that Greg Miller wrote this second piece in the Post series, but in fact it was Karen de Young -- my apologies to Karen!
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Apropos of the Convening Authority’s powers, we come now to the defense's request to dismiss the case because that officer exceeded his authority, in referring charges against Al-Nashiri (AE104). How, e...
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The court has returned from lunch, which was followed by a quick Rule 802 conference. Per that discussion, Judge Pohl will defer consideration of AE118, a motion to compel, in addition to the secrecy mo...
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The government has filed its brief in Hamad v. Gates, an appeal to the United States Court of Appeals for the Ninth Circuit. Like Al-Nashiri v.
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AE98 is Richard Kammen’s topic. In that motion, Kammen says, he asks to present ex parte materials to the court, which would justify a pending defense request for a mitigation expert. The Convening Aut...
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We are supposed to be talking about AE 107, regarding funding from the Convening Authority. Richard Kammen seeks money to pay for two persons, who will serve as Defense-Initiated Victim/Survivor Outreac...
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To the podium comes defense lawyer Richard Kammen. His motion (AE 116) seeks evidence regarding a 2002 drone attack, in Yemen, that killed Qaed Salim Al-Harithi----the reported “mastermind” behind the C...
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As Bobby has already noted, Greg Miller has a lengthy Washington Post report (part I of three!) disclosing more details of the Obama administration's targeted killing policy, discussing the administratio...
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And we’re off. We commence with AE 115, the defense’s motion to compel production of witness statements taken by Yemeni officials, which were then turned over to the FBI. LDCR Stephen Reyes stands on A...
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Splayed across the front page of the Washington Post this morning is the headline "U.S.
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The ongoing rain has not stopped a crowd from gathering at the ELC. Among them is the accused, Abd Al Rahim Hussayn Muhammad Al-Nashiri---with whom the court wishes to speak about his right to be presen...
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And we're back . . . to another day of CCTV-broadcasted hearings in the military commission case of United States v. Al-Nashiri.
At Guantanamo, there are some lingering concerns about Hurricane Sandy; s...
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A few months ago, Jack posed an interesting question: Whatever happened to the Periodic Review Board (PRB) system for Guantanamo detainees that the president created in his executive order?
In March 2011...
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Let’s begin with the avalanche of coverage on last night’s presidential debate on foreign policy, which spanned Libya, Pakistan, Afghanistan, the Middle East, Israel, drones, and yes, food stamps and edu...
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AE99 is next on our agenda. It asks whether, and under what circumstances, Al-Nashiri may waive his right to attend pretrial proceedings in this capital case. (There are also related motions, including...