Argument comes now on AE 199, a government motion seeking the court's permission to conduct DNA testing on four hair samples in an FBI lab without the presence of the defense's expert witness.  (It's not...

The afternoon session kicks off with AE 171, a motion that would allow members of the defense team to visit the facility in which Al-Nashiri is housed, referred to as Camp 7, in order to assist the defen...

David Sanger reports that the Pentagon and the NSA planned a sophisticated cyberattack aimed at “the Syrian military and President Bashar al-Assad’s command structure” that “would essentially turn the li...

The last matter for the court this morning is AE 187, a defense motion seeking to move the location of the military tribunal from Guantanamo Bay, Cuba to Norfolk, Virginia. Commander Mizer, for the defe...

The next motion before the court is AE 181, a defense motion to dismiss the capital punishment referral for all the charges against Al-Nashiri on Due Process and Eighth Amendment grounds because he will ...

The morning's proceedings begin with a return to Al-Nashiri's alleged role in the attack on the French oil tanker the M/V Limburg in Yemen in October 2002. In AE 168, CDR Brian Mizer, counsel for Al-Nash...

There has certainly been much written about the controversy over autonomous weapons systems, but in my preparation for a Chatham House conference on autonomous weapons, I found one argument made by advoc...

The courtroom is nearly full at the DC Circuit Court of Appeals for oral arguments in Al Laithi v.

So what’s next?  A six-strong battery of defense attacks to various “aggravators”---allegations that, if endorsed by the panel after conviction, would call for a vastly greater measure of moral culpabili...

Here is Air Force Maj. Allison Daniels, presenting AE183. Her motion seizes on the lack of grand jury indictment in this capital military commission case.  That’s contrary to the Eighth Amendment, in the...

Before lunch, we were discussing the lack of narrowing provided by Rule for Military Commission 1004.  According to Al-Nashiri’s attorney, Richard Kammen, the rule broadens the availability of capital pu...