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D.C. Circuit Denies Rehearing En Banc in Allaithi v. Rumsfeld
The D.C. Circuit has just issued a per curiam order denying six Guantanamo detainees' petition for rehearing en banc in Allaithi v. Rumsfeld. The detainees sought review of the D.C. -
11/18 Session #2: Now or Later, Part Two
The prosecutor, Lt. Col. David Long, finishes his arguments regarding whether to push back argument on motion AE21, Al Hadi's challenge to physical touching by female Guantanamo guards. Long says no. ... -
11/18 Session #1: Now or Later, Part One
Judge Waits ascends the bench and the hearing once more comes to order. It seems Al-Hadi is here, along with attorneys for both sides. Housekeeping: The military judge explains that yesterday and this m... -
11/17 Session #4: Discovery, Both Bergdahl-Related and Not
In AE18, Lt. Col. Tom Jasper seeks, on behalf of Al-Hadi, to compel discovery into certain communications---those between the Convening Authority and Defense Department brass, regarding the release of Pr... -
The Navy's Scary New Death Ray
Got a problem with Iranian UAVs threatening your ships? Want to remotely start fires on small boats? The US Navy has just what you need: the 30 kilowatt-class Laser Weapon System (LaWS). [caption id="" ... -
11/17 Session #3: Common Allegations, Part Two
We return from recess, and Clayton resumes his argument in opposition to AE19---a motion to strike common allegations from the charge sheet against Al-Hadi. Clayton refers to Stirk’s suggestion that the... -
11/17 Session #2: Common Allegations, Part One
In motion AE19, the defense asks the court to strike certain common allegations from the charge sheet. One of Al-Hadi’s lawyers, Maj. Ben Stirk, explains why. The incorporation of “common allegations” i... -
11/17 Session #1: Article 5?
The military judge, Capt. Keith Waits, calls our session to order. All parties are present, including the accused. That means a quick colloquy about Al-Hadi’s right to be present, the consequences of k... -
Seeking Consensus on AUMFs
[Cross-posted at Just Security] The three of us have coauthored an Op-Ed in Sunday’s Washington Post on the topic of congressional authorization for the use of force against ISIL and the 2001 AUMF. We ... -
Why Does the AUMF Debate Even Matter?
Midday yesterday, I ran into a prominent national security reporter on the street near Brookings. The conversation quickly turned, as conversations tend to turn in our circles in Washington these days, t... -
CRS Analysis of AUMF Proposals
Via Secrecy News, I see that the CRS has summarized and analyzed the seven proposals in Congress for a New AUMF. -
The Legal Consequences of Islamic State + Al Qaeda Cooperation, and Implications for AUMF Reform
Deb Riechman at AP is reporting: Militant leaders from the Islamic State group and al-Qaida gathered at a farm house in northern Syria last week and agreed on a plan to stop fighting each other and work ...
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