n AE172, Richard Kammen challenges the Convening Authority’s power to select members of the military commission, come trial-time.  (This incorporates some arguments from another filing, AE117, regarding ...

Our prior motion challenged one charge relating to the attack on the Limburg---hazarding a vessel---and its status under international law.  Our next one, AE174, takes a somewhat different tack. It compr...

It's boat time.  Recall that Al-Nashiri is charged with playing a role in the attack on the M/V Limburg, a French-flagged oil tanker, in Yemen; the episode resulted in the death of a Bulgarian national, ...

Aaaaand we’re back.  In AE184, Al-Nashiri seeks the military judge’s assistance, in sending a subpoena to Jose Rodriguez pursuant to Rule 703. That’s the controversial former CIA officer and author of “H...

AE197 is up next.  That’s the defense’s motion to dismiss for unlawful "command" influence.  A gentle correction from the bench: the military judge suggests, and defense attorney Army Maj. Thomas Hurley ...

This takes us to presence.  Does Al-Nashiri understand his right to attend the proceedings, and the consequences that might flow from even a knowing and voluntary waiver of that right?  After hearing the...

So does Al-Nashiri want to fire his Learned Counsel? That individual, attorney Richard Kammen, tells the military judge that he met with the accused for several hours Monday and Tuesday---and that lo, Al...

Over the weekend, I blogged over at Just Security about the al-Iraqi case pending before the military commissions at Guantánamo—and, in particular, Saturday’s New York Times story reporting that the gove...

The pretrial session commences in unremarkable fashion, with some additions to the prosecution and defense teams; a few new lawyers put their credentials on the record. But then comes this unforeseen de...

It's a snowy day here at the Fort Meade CCTV facility.  Lawfare's in the house, for the first of this eight-day, pre-trial motions hearing in United States v. Al-Nashiri.  Same format as always: dispatch...

At one level, the D.C. Circuit's decision this week in Aamer v. Obama on Guantanamo hunger strikes probably surprised nobody. As expected, the D.C. Circuit upheld the two district court decision to deny ...