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Judge Pohl re-convenes the military commission, and tallies the show-ups and no-shows. Khalid Sheikh Mohammed is in the house, as is Ammar al-Baluchi; their three co-accused are not.
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The audience at Burba Cottage has shrunk slightly. But your Lawfare correspondents are ready to begin Day Four of this week's pre-trial motions hearings in United States v.
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The document that will surely capture the lion’s share of the public’s attention---and rightly so---is the October 3, 2011 FISC opinion by Judge John D. Bates, then the presiding judge of the FISC.
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Rather than starting with what I---or anyone else---think and believe about the remarkable cache of documents the intelligence community declassified yesterday, I thought we should begin with a detailed ...
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The Second Circuit today held that the ATS claims against Ford, Daimler, and IBM -- the three remaining defendants in the decade-long litigation against more than fifty companies for allegedly aiding an...
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The Office of the Director of National Intelligence is declassifying a large group of important documents pertaining to NSA surveillance programs under Section 702 of FISA. I will keep updating this list...
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The prosecutor Edward Ryan stands at the mic as the judge reconvenes the commission. Visibly impassioned, Ryan presents the government’s argument on AE018. He mentions some attention-grabbing examples o...
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Audio technical difficulties apparently resolved, the commission reconvenes, with David Nevin still out front.
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A new way to get the podcast.
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Your correspondents bid goodbye to Burba’s lakeside picnic tables, just before the military judge announces the resumption of proceedings. One accused, Ramzi Binal Shibh, has joined the group at the ELC...
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A mish-mash-y discussion follows on motions to compel, the mish-mash being necessary for many reasons: because many substantive motions overlap, and thus call for interrelated but separate compulsion req...
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In breaking news, Bradley Manning, 25, has been dishonorably discharged and sentenced to 35 years in prison.
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Ruiz remains at the podium to argue another compulsion motion, AE031F (which also is styled 032H and 133E, given its relevance not merely to AE031, but to other motions, too).
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Another series of motions to compel awaits us, this one bearing on AE031, the defense’s motion to dismiss the case for unlawful influence.
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Motion to compel number two (AE008M) pertains, like the day’s earlier motion, to the former Convening Authority’s testimony. Retired Vice Admiral MacDonald told the commission that, during his pre-refer...
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Motion to compel time---beginning with those regarding AE008, the defense’s motion to dismiss for defective referral. First is a bid to compel testimony from Michael Breslin, legal advisor to the Conven...
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And we’re off.
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Lawfare's almost-live coverage of this week's motions hearings continue today at 0900 in the military commission case United States v. Mohammed et al. For those who missed our coverage earlier in the wee...
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For years Martin Feldstein has been running a great seminar on the economics of national security at Harvard. He has now established a national organization -- the Economics of National Security Associa...
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My Brookings colleague Bill Galston has this thoughtful and important column in the Wall Street Journal on the tension between privacy and transparency in the recent controversies over intelligence colle...