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From Guantanamo, this: today's proceedings will be 100% closed, and recess immediately afterwards. Open proceedings will resume tomorrow.
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That's the word from the technical folks here at Fort Meade, anyway. The hearing reportedly is underway, as of ten minutes ago - but, as expected, the topic under discussion is classified discovery. ...
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Lawfare's coverage of the United States v. Al-Nashiri continues today, with yours truly reporting from the CCTV facility at Fort Meade. (You can find yesterday's dispatches here.) As before, blog entrie...
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We will have two final posts in our discussion sparked by Mark Mazzetti's New York Times Magazine article, The Drone Zone. This one by Michael Lewis, a former Navy fighter pilot and now professor at Ohi...
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Ben already posted last week about the new battle a-brewing over the "Memorandum of Understanding" (MOU) that the Department of Justice is apparently requiring counsel in the Guantanamo habeas cases to s...
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Whole body scanners (also known as Advanced Imaging Technology or AIT) are those new millimeter wave and backscatter scanners that the Department of Homeland Security is deploying in airports around the ...
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Judge Pohl turns to outstanding 505 disclosures--the CIPA-like summaries that take place under the MCA. He asks trial counsel whether there any more such material outstanding? There is, Lockhart says. ...
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For Kammen, the next defense motion, AE74, is all about saving government money and efficiency. The government has provided a database to the defense in discovery, the attorney tells the court. And these...
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We’re back and taking up AO 77, the defense motion to compel the funding of another defense consultant, one Dr. Elizabeth Loftus, a forensic psychologist. (Government response (Part 1 of 6): here.
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Kammen shifts to his reimbursement motion, AE 76. In particular, defense counsel wants to add a sixth, civilian paralegal to Al-Nashiri’s defense team. That person would be paid on an hourly basis, perf...
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Judge Pohl next takes up AO 82, the defense motion to force the Convening Authority to fund a consultant, Nancy Hollander, to aid the defense on matters related to national security law. (Government resp...
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The next issue, Judge Pohl announces, is the group of motions surrounding discovery: AO 76, AO 77, AO 85, AO 82, and AO 74.
They start with AO 82, which seeks an accounting of prosecutorial resources.
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Ben and Wells are sitting pretty at Fort Mead, so the office is eerily quiet and un-stoked today.
The Senate expects (or at least the Democrats in the Senate expect) that they will take up a revised ver...
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Lt. Cmdr.
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Daniel Cahen, the Legal Advisor to the ICRC's Regional Delegation for the United States and Canada, responds to my original post on Syria/LOAC with the following guest post:
The publication of an intervi...
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The disqualification and technical issues resolved---and Judge Pohl suddenly audible---the judge and parties move briskly to the next issue: the notice of Michel Paradis’ “undetailing” from the case (AE8...
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Gabor Rona responds to my earlier post (and Kevin Heller's reply) on Syria and LOAC:
1) I agree fully with Kevin. And let me know if I've misunderstood anyone here, but my understanding of the historic ...
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And we’re back, the return to proceedings marked by plenty of loud noises from Judge Pohl’s microphone--with which he is fiddling.
When he speaks, he is hard to understand, but he's clearly ruling on th...
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Ah-ha! Kammen says in reply: The prosecutor failed to mention the Supreme Court’s Massey case---the controlling precedent here, in Kammen’s view. Under that case, the party seeking recusal need not show...
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Commander Andrea Lockhart rises for the prosecution. She wants respond to what she calls the defense’s innuendo and conjecture. The defense has not put forth a legal reason for recusal or disqualificati...