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10/23 Motions Session #3: CAT Wrap-Up
It’s Connell-time. Al-Baluchi’s attorney picks up with argument on AE200, and on the nexus between international law and classification law. (Again, his premise is that the military commission’s protect... -
10/23 Motions Session #2: CAT and Connell
James Connell III argues his client’s position with respect to AE200. That’s the defense’s attempt to have the case thrown out, or the death penalty removed as a punishment option, given an inconsistenc... -
10/23 Motions Session #1: Sounds and Vibrations
Trumpets sound, the flaming gong bangs, and a wave of applause overpowers Smallwood Hall, the CCTV facility at Fort Meade. It is here that we take in the sorta-live broadcast of pretrial proceedings in U... -
Thoughts on the Human Rights Watch and Amnesty International Reports
I have now read both of the two major human rights reports released yesterday on civilian casualties in drone strikes---one by Amnesty International on strikes in Pakistan and the other by Human Rights W... -
Oral Argument Recap: Al Janko v. Gates and the Meaning of "United States"
The fate of the case, Al Janko v. Gates, before the D.C. -
10/22 Motions Session #4: On the CAT, Part Three
The prosecutor Clay Trivett will rebut the defense’s opening argument on AE200---its bid to have the 9/11 charges dismissed, or to have the death penalty removed as a sentencing option, in light of restr... -
New Reports on Drone Strike Casualties in Pakistan and Yemen
Two human rights groups released reports today on civilian casualties from selected drone strikes in Pakistan and Yemen. Amnesty International's "Will I Be Next?" US Drone Strikes in Pakistan investigate... -
10/22 Motions Session #3: On the CAT, Part Two
And … we’re back. Ever briskly, court and counsel discuss a recently reached factual stipulation regarding expected testimony from CDR Jennifer Strazza, whom the defense had sought in connection with se... -
10/22 Session #2: On the CAT, Part One
We thus turn from legal bins to docketed items, and in particular, to AE200: that’s a defense motion to toss out the charge sheet, in light of alleged inconsistencies between a protective order meant to ... -
10/22 Motions Session #1: If You Would Please Stop Searching Our Legal Bins, Thanks
The beginnings of a Maryland autumn can be discerned outside Fort Meade’s Smallwood Hall. Inside, the by-now familiar CCTV screen comes to life and displays an empty judicial bench, the Joint Task Force... -
Oral Argument Preview: Al Janko v. Gates
Tuesday morning, a three-judge panel of the D.C. Circuit will hear oral arguments in Al Janko v. Gates, an appeal of a damages action brought by a former Guantanamo detainee against various government of... -
How Does the UN Define “Direct Participation in Hostilities”?
One theme of Ben Emmerson’s interim report on remotely piloted aircraft and targeted killings is that governments must be more transparent with regard to any civilian deaths they cause. It’s easy to fin...
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