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Can the military commissions be improved? Recent events squarely raise the question. A New York jury recently convicted Osama Bin Laden’s son-in-law of conspiracy to kill Americans and other terrorism-...
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The mayor of Ukraine's second largest city, Kharkiv, was shot in the back and is now "fighting for his life," according to USA Today. Pro-Russian gunmen in eastern Ukraine seized monitors from Germany, ...
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Denied without comment today, by the United States Supreme Court: the petition for a writ of ceritorari in Hedges v. Obama.
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Here it is. The remarks of Brig. Gen. Mark Martins, the Chief Prosecutor at the military commissions, open thusly:
In my remarks two weeks ago, I highlighted one woman’s bewilderment at how the open mil...
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Excellent recent posts by Ben and Marty draw attention to the impact that the drawdown in Afghanistan likely will have on GTMO habeas litigation.
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Event Announcements (More details on the Events Calendar)
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In May I will be participating in a conference at the Hague Institute for Global Justice. Part of the Global Governance Reform Initiative, the conference is entitled "
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Editor’s Note: Since the outbreak of the Arab Spring in December 2010, commentators have regularly described relations between Washington and Riyadh as strained at best and near collapse at worst. The po...
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After CDR Lockhart lays out the parties' agreed upon schedule for the rest of the afternoon session, the court begins with AE 244, a defense motion to dismiss numerous charges as multiplicitous of other ...
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Picking up on the end of Thursday's session, the court will consider multiple defense motions seeking to strike the first aggravator---that the life of one or more persons other than the victim was unlaw...
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The morning session starts off with the calling of a pseudonymous witness, Dr. M, to testify on Al-Nashiri's psychological diagnosis and current treatment at Guantanamo Bay. But there's already a problem...
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Very interesting and thoughtful comments over at Just Security by Marty Lederman on Justice Breyer's brief opinion in the Hussain cert denial the other day. Marty writes:
As Justice Breyer notes . .
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The court returns from recess and quickly puts off consideration of two defense motions---AE229 and AE230---seeking to compel information from the government pertaining to the training and certifications...
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The court briefly considers AE236, a defense motion seeking clarification or creation of process by which it may appeal denials of access to two classified government servers---the Joint Worldwide Intell...
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Earlier this month, Ben debated Georgetown Law professor Rosa Brooks on the future of the AUMF during a Pepperdine University School of Law symposium at, entitled “The Future of National Security Law.” G...
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Not sure how I missed this, but a Periodic Review Board has recommended the transfer to Yemen of Guantanamo detainee Ali Ahmad Al-Razihi. The summary of its findings reports that the board found Al-Razih...
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This week, let's start with the courts. Ben flagged the Second Circuit’s decision ordering that the government to release the legal memos that justify the targeted killing of Anwar Al Awlaki.
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The afternoon session gets started without Al-Nashiri in attendance. Learned Counsel Rick Kammen rises to press Lt. Hurley's case one last time that the defense should be able to question Dr. Crosby abou...
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The court begins Thursday's session with AE205K, a government request, opposed by the defense, that a witness be allowed to testify under a pseudonym.
CDR Brian Mizer explains that this is a general obj...