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If press accounts are correct, we will soon have the long-awaited Executive Summary of the Senate Intelligence Committee Report on the CIA detention program. The report itself, which has not been submit...
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CIA discovery---the subject of Judge Pohl’s ruling in AE120C, and a subsequent order on reconsideration---is still before us. In motion AE120BB, the defense seeks a timeline for getting its hands on such...
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And lo, defense motion AE120S is before us.
In it, the defense moves to compel production of an index of outstanding and denied discovery. But its not just any discovery we're talking about, as Capt. Da...
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Not too long after lunch’s conclusion, court and counsel confront the question: will Judge Spath recuse himself from service as presiding judge, having served on the case for only a few weeks?
Nope. Exp...
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We continue with Learned Counsel Richard Kammen’s questioning of Air Force Col. Vance Spath, the case’s new and recently detailed military judge.
The defense has asked Judge Spath to recuse himself, giv...
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The scene on the grainy Fort Meade screen is different: there’s a new judge.
Consistent with a recent and abrupt change-up in the case, the judicial bench is filled today not by Army Col. James Pohl, bu...
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Last night, Wells posted a statement by Military Commissions Chief Prosecutor Mark Martins about the weeklong Nashiri hearing getting under way today at Guantanamo.
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David Remes, an attorney representing Guantanamo detainees--and, in particular, co-counsel for the petitioner in Hatim--writes in with this comment on Friday's ruling in that case from the D.C. Circuit:
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The podcast DecodeDC has a new episode out on the question of the future of the AUMF. It's largely a pair of interviews with Jennifer Daskal and me. A good introduction to the subject, in my opinion.
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Today the D.C. Circuit handed down its decision in the "counsel access" case, upholding the constitutionality of security procedures instituted at Guantanamo in 2012 and 2013.
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Laurie Blank (Emory University Law School professor, director of its law of armed conflict clinic and, of course, well known to many Lawfare readers as a prominent scholar of LOAC) has an opinion column ...
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Here is the panel's opinion in Hatim v. Obama, which opens:
GRIFFITH, Circuit Judge: Guantanamo Bay detainees challenge two new policies they claim place an undue burden on their ability to meet with the...