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Relitigating Guantánamo: A Modest Quibble with John’s Post on Abu Khattala
It’s refreshing to find voices of reason in Ben’s, Jack’s, and John’s posts on the Abu Khattala capture. -
Abd Al Hadi Al-Iraqi Arraignment
This afternoon, Abd Al-Hadi Al-Iraqi will be arraigned before a military commission at Guantanamo. As per usual, video and audio of the pre-trial proceedings will be zapped, via closed circuit televisio... -
Civilian Trial is the Only Option for Abu Khattala
Many have criticized the Obama administration’s plans to try the alleged leader of the Benghazi, Ahmed Abu Khattala, in civilian court. “Ahmed Abu Khattala should be held at Guantanamo as a potential en... -
No Airstrikes in Iraq for the Moment...But Perhaps a Combat-Support Mission for SOF?
An important story tonight in the Wall Street Journal, outlining the first fruits of the Obama administration's review of its options vis-a-vis Iraq and ISIS: The White House and Pentagon now hold a mor... -
As of Yesterday, As Many As 275 U.S. Armed Forces Personnel Are Deploying to Iraq
Such is the import of this letter, sent today by President Obama to the Speaker of the House. The letter says, in pertinent part: Dear Mr. Speaker: (Dear Mr. President:) Starting on June 15, 2014, up t... -
6/16 Session #4: Reply Argument on FBI Investigations
We’ll hear reply argument now, on the defense's filings in the AE292 series----which arise because of past FBI interviews of defense team personnel, and which ask the court to abate the proceedings and a... -
6/16 Session #3: The Defense and Special Government Counsel on FBI Investigations of ... The Defense
James Connell III, Learned Counsel for Ammar Al-Baluchi, begins on a procedural note: the defense’s motion is less about wrongdoing, and more about the path forward. The court must perform an inquiry, th... -
6/16 Session #2: The Defense on FBI Investigations of ... The Defense
It’s on again. After brief housekeeping, we quickly turn to the substance---and in particular to AE292 and 292T, pleadings jointly filed by the defense, and both asking for a wider inquiry into the gove... -
6/16 Session #1: Meet the DOJ Lawyers
Our special session convenes. The scene differs a bit from the Guantanamo norm. Defense attorneys and staff are in the courtroom, along with the five 9/11 accused. But, and consistent with the unique n... -
Statement From the Chief Prosecutor on This Week's Hearing in the 9/11 Case
You'll find it here. We'll cover the two-day mini-hearing, which will commence tomorrow at 0900 down at Guantanamo. The statement opens: Good evening and Happy Father’s Day. I refer to Father’s Day wit... -
The Relatively Weak Article II Basis for Bombing Iraq and Syria (and, Remember the President’s August 31, 2013 Speech?)
I explained yesterday why I believe the administration has a straightforward argument for relying on the 2002 Iraq AUMF if it chooses to use force against ISIS in Iraq. (Bobby and Wells disagree, and th... -
Air Strikes and ISIS: A Quick Review of the Article II, 2001 AUMF, and 2002 AUMF Arguments
Today President Obama ruled out sending ground forces back into Iraq, but he pointedly did not rule out the direct use of U.S. air power in kinetic operations against ISIS. The President explained that h...
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