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Kammen turns from the questions he would have asked to the substance of his motion for Judge Pohl’s recusal and disqualification - specifically, to whether Judge Pohl's retirement benefits pose a conflic...
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Learned Counsel Richard Kammen starts the disqualification rodeo with a request to ask additional voir dire questions of the court.
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The hearing begins at 8:59 am, when Military Judge James Pohl walks into the courtroom, resplendent in his black robes. He looks the picture of justice itself, and he's all ready to hear . . . a motion t...
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At this week's Al Nashiri military commission motions hearing, we're going to try something new. The blow-by-blow coverage we have been doing in the past has gotten a little bit overwhelming, both to pro...
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Here’s your off-the-cuff read-out of this morning’s hearing before U.S. District Judge John Bates in Al-Maqaleh v. Gates and Hamidullah v. Obama, better known as the “can we get a little GTMO-style habea...
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Folks, a reminder that Ben and I will be making the scene tomorrow at Fort Meade's CCTV facility, and reporting on the upcoming motions session in United States v. Al-Nashiri. The session is set to begi...
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That's the word from defense counsel James Connell III: the military commission has granted the defense's request and rescheduled the August 8-12 motions session for August 22-26. In seeking the continu...
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Port security: not nearly as sexy as some national security topics, but definitely a major component of homeland security. The Department of Homeland Security had until July to ensure that 100 percent of...
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Kevin Heller writes in with the following observation in response to my post yesterday on Syria/LOAC:
I liked your post on Syria and the ICRC, but this statement gave me pause: "The ICRC’s past and prese...
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In today's Washington Post, the paper reports that the United States has missed a statutory deadline of July 1, 2012 that required the government to scan all inbound cargo containers for radioactive mate...
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As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution. After several very quiet months...
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[Update: a responsive post from ICRC's Daniel Cahen is here, and ones from Kevin Heller and Gabor Rona are here and here]
Many papers and sites are today highlighting the fact that the ICRC has stated p...
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I was distressed this evening to receive a note from Ms. Tangerine Bolen, executive director of RevolutionTruth and one of the plaintiffs in the Hedges case, in response to this post from the other day. ...
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An important news analysis piece from Scott Shane of the New York Times. I'm glad Shane took the time to lay this out. Though the point seems very obvious to me, it is decidedly non-obvious to many peopl...
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Over at SCOTUSBlog, Lyle Denniston has a piece on the Esmail access to counsel issue I wrote about Wednesday. It opens:
For years, the federal government — in two administrations — has taken the view tha...
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Get your memo in support here. Government response due on July 23, I hear.
The original opinion striking down Section 1021 of the NDAA is available here.
And no, I will not be participating in this pan...
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Lawfare is pleased to welcome to the blogosphere a new francophone blog focusing on international humanitarian law, entitled La Revue de Press Juridique, It is the first francophone blog of its kind, and...
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A Chicagoan by the name of Shaker Masri has agreed to plead guilty, reports the Associated Press, although the charges haven't been confirmed yet. The 29 year old gentleman was arrested in August 2010 an...
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Development the first: the defense's objection to the upcoming August 8, 2012 hearing has cleared security review. You can read the defense's arguments as to why that hearing must be postponed - it fall...
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Tom Junod wrote in with the following in response to Ben's earlier post:
Point taken on the "lecture from the principal" criticism: you either like that or you don't, and you didn't. But I don't think y...