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Judge Pohl calls our proceedings to order, and notes Al-Nashiri’s absence.
That prompts Prosecutor Anthony Mattivi to make his record. The lawyer asks his witness, our by-now-familiar-from-last-week-bu...
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Chief Prosecutor Mark Martins last night released a statement regarding this week's hearing in United States v. Al-Nashiri. It begins as follows:
Tomorrow, the military commission convened to try the ch...
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We begin the three-day hearing in United States v. Al-Nashiri with a modest venue change---not at Guantanamo, but at Fort Meade. The familiar Smallwood Hall will not be the site for our CCTV broadcast. ...
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There were basically none. No discussion of Guantanamo, of habeas, of the NDAA, of interrogation, of military commissions, of targeted killing---and only the most cursory mention of drone strikes. This i...
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It was on the tip of Schieffer's tongue, and yet nevertheless, the moderator refrained. But what if he had asked the candidates. . . about AE 104, perhaps the most important of the motions under conside...
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Want a preview, if only a partial one, of what this week’s hearing in United States v. Al-Nashiri will look like? Then look no further than last week’s hearing, in United States v. Mohammed et al.
Have...
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Last week I asked whether per se opposition to military commissions was in the GTMO detainees best interests, where their “interests” were defined as “(a) maximizing [the detainees’] procedural rights, a...
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Jordan announced over the weekend that it has foiled an Al Qaeda plot targeted at a number of civilian and military targets in Amman, including the American Embassy there.
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I've recently completed a short (10-page) draft meant to serve as a primer on key domestic law questions associated with computer network operations. The paper will be published as part of the proceedin...
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Since the Lawfare Drone Smackdown convinced me that my martial arts life and my Lawfare life are less separate than I had thought, and since Jack has already posted this board-breaking picture---on the t...
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I was out of the country last week and missed the opportunity to weigh in promptly on the Hamdan decision. In reading the reactions, I have noted that many human rights and civil liberties groups have i...
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On Friday, Captain Jason Wright, an attorney for Khalid Sheikh Mohammed, released the following statement about the most recent round of hearings in the 9/11 case:
PRESIDENT OBAMA RESTATES DESIRE TO CLOS...
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Chief Prosecutor Mark Martins last night released this statement regarding the week-long hearing in United States v. Mohammed et al. It begins as follows:
Today was the last of five days of pre-trial se...
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The court returns, apparently having familiarized itself with the motion to which Ruiz had referred earlier—AE64.
(In the meantime, James Connell III, Learned Counsel for Ammar al-Baluchi, has left the ...
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In AE71, CDR Walter Ruiz seeks additional information about two FBI agents who interrogated his client, Mustafa al-Hawsawi. This apparently bears on the defense’s motion for a defective referral.
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Movin’ right along to AE60. CDR Walter Ruiz sets forth his request for various information about the military judge’s appointment.
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I have now read through Al Maqaleh v. Gates and Hamidullah v. Obama, which are both brief reads. I don't have a great deal to say about them, except that they well represent the end of the line for the p...
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On we march to AE22, the defense’s motion to grant public access to commission-designated broadcast sites. That topic belongs to James Harrington, a member of Ramzi Binalshibh’s team. Most people canno...
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Greg Miller at the Washington Post reports that the CIA is pushing for more drones.
Malala Yousufzai, the 14-year old girl shot by the Taliban on her school bus, is now able to stand with help, her doct...
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In AE10, the defense has asked for verbatim transcriptions of the Rule 802 conferences---which, as things stand now, are not recorded in that fashion. On behalf of Walid Bin Attash, Cheryl Bormann comes...