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5/28 Session #3: Members Versus Judges; Continuing Discovery Obligations
Action resumes at the Expeditionary Legal Complex, Courtroom Two. Army Col. James Pohl, the military judge, calls the proceedings once more to order. The defense, in AE267B, makes a due process argumen... -
Relevant Excerpts from President Obama's West Point Speech
Not a lot in President Obama's West Point speech that is new on Lawfare-related matters. -
5/28 Session #2: Protective Order Rules, and Ex Parte Contacts
In AE13N, the defense seeks relief from the case’s protective order regarding national security information---in particular, permission for defense counsel in this commission case to draw on classified e... -
5/28 Session #1: Getting the SSCI RDI Report---or Not
It’s on---the open part of our proceedings, anyway. Recall that court and counsel began their day already, some time earlier this morning, in a Role 505(h) session that has concluded. The parties there... -
Statement from the Chief Prosecutor on This Week's Hearings in Al-Nashiri
The Chief Prosecutor at Guantanamo, Brig. Gen. Mark Martins, had this to say on the eve of a pre-trial motions hearing in United States v. Al-Nashiri---which commences tomorrow, and which Lawfare will co... -
The Uncertain Future of Military Detention Authority as "Combat Operations" in Afghanistan End
Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan. Assuming that the winner of the Afghan presidential election will i... -
Senator Corker on AUMF Reform
Senator Corker has an op-ed in the WP on the need to update the AUMF. He documents the growth of extra-AUMF terrorist threats and then argues: These incidents seem to suggest that the September 2001 Au... -
Raha Wala Responds on AUMF Debate
Raha Wala of Human Rights First writes in with some reactions to my posts last week on the AUMF hearings, to which I respond briefly at the end. Jack’s posts on the Senate Foreign Relations Committee (SF... -
Is JSOC About to Become More Transparent on Drone Strikes?
One frequently sees the claim that CIA drone operations should be handed over to the military because the military is more transparent. I have frequently disparaged that argument, not because the CIA is ... -
Agreeing with Harold Koh on the Need For and Contours of a New AUMF
I find myself mostly agreeing with the essentials of Harold Koh’s testimony and post on "ending" the Forever War, especially his proposal for a new and narrowed AUMF. I hope this doesn’t cause my old te... -
DDC Declines to Reissue TRO in Dhiab Hunger Strike Case, Blasts DoD "Intransigence"
Earlier in the week, I wondered aloud about the future of a temporary restraining order, entered by Judge Gladys Kessler and temporarily banning the force feeding of Guantanamo detainee Abu Wa'el Dhiab. ... -
Article II in the Spotlight at Wednesday's AUMF Hearing before SFRC
Wednesday’s AUMF hearing underscored a point that I develop at some length in my paper Postwar: repeal of the AUMF would not require, as a legal matter, that the government forgo the use of lethal force ...
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