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4/22 Motions Session #1: In Which Recusal is Revisited
It’s Al-Nashiri time, y’all. The military judge, Army Col. James L. Pohl, calls the hearing to order. The accused is here, along with his lawyers, save two: Capt. Daphne Jackson and Nancy Hollander (wh... -
Al Nashiri Motions Hearing: April 22 Session
Your correspondent returns to Fort Meade, where Lawfare will take in a closed circuit broadcast, from Guantanamo, of pre-trial litigation in United States v. Al-Nashiri. Throughout the day, we'll have ... -
Order to Release the OLC Targeted Killing Memo: A Summary
As Ben noted this morning, the Second Circuit has ordered the release of a redacted version of the OLC memorandum that justified the targeted killing of U.S. citizen Anwar al-Awlaki. -
Second Circuit Orders Release of Al Awlaki Memo
The U.S. Court of Appeals for the Second Circuit has reversed a lower court opinion and ordered the government to release key portions of the legal memos that lie behind the targeted killing of Anwar Al ... -
Cert Denial Comment from Justice Breyer in Hussain
The Supreme Court this morning denied cert in the Guantanamo habeas case of Hussain v. Obama. A few weeks back, Marty Lederman flagged this case over the Just Security as likely to provoke at least one j... -
Statements by Prosecution and Defense on This Week's 9/11 Case Hearing
The Chief Prosecutor issued this earlier this morning. Hello to all of you. Due to the Judge’s decision to take up the joint defense motion requesting he inquire into possible defense conflicts of inter... -
4/17 Session #1: A Special Trial Counsel, and a Pause
We’re back in session. The military judge, Army Col. James L. Pohl, calls proceedings to order. Of the five 9/11 accused, there are two absentees: Walid Bin Attash and Mustafa Al-Hawsawi. That prompts... -
4/15 Motions Session #3: What Sorts of Evidence, Part Two (And a Recess)
Break being over, Cheryl Bormann picks up her thread: the conflict between absurdly strict secrecy controls and her own obligations to her client. Bin Attash is angry these days, she says, because he mus... -
4/15 Motions Session #2: What Sorts of Evidence, Part One
Our recess concludes; the action resumes. KSM lawyer David Nevin begins the defense’s remarks on possible evidence it might offer to support of AE292---a motion alleging inappropriate FBI contacts with a... -
4/15 Motions Session #1: Housekeeping, and FBI Things
It’s Tuesday, 9:12 a.m., when our Fort Meade screen comes to life: down at Guantanamo, the military judge, Army Col. James L. Pohl, calls proceedings to order. -
4/14 Motions Hearing #1: Ex Parte Hearings, FBI Investigations, and a Recess
It’s game time, y’all. The military judge, Army Col. James Pohl, ascends the bench and resumes pretrial proceedings in the 9/11 case. All five accused are present, along with their lawyers and a few oth... -
FBI Agents Embedding with JSOC Units in Combat Zones
The Washington Post has a story this evening on an often-overlooked aspect of interagency cooperation in connection with both combat operations and counterterrorism: FBI agents deploying into the field ...
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