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Jack’s post makes the point that the Kosovo precedent won’t get the U.S. government very far if it is looking for a solid international legal precedent for intervention in Syria. That seems absolutely r...
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President Obama famously said in 2008 that the President lacks “power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminen...
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A few weeks ago, Daniel Klaidman noted in the Daily Beast the existence of a White House memo outlining its proposal to close Guantanamo.
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The noncontroversial dispensed with, we move to the controversial: now, the defense’s emergency motion regarding information technology matters. Maj. Jason Wright, one of KSM’s lawyers, previews it---on...
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We pick up with a quick clarifying point about vicarious liability: the idea, the military judge confirms with the Chief Prosecutor, is that the jury must find that a substantive offenses was committed, ...
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It’s 1:32 when the commission is once more called to order, and AE120 is teed up in earnest. That’s the government’s motion to make so-called “minor conforming changes” to the charge sheet, so as to mak...
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Let us now discuss, for but a fleeting moment, the ongoing representation status of CDR Walter Ruiz.
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We return to our regularly-scheduled programming at the Expeditionary Legal Complex’s Courtroom #2. Presenting rebuttal argument on AE107 is CDR Walter Ruiz, lawyer for 9/11 accused Mustafa al-Hawsawi. ...
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Mustafa al-Hawsawi’s lawyer, CDR Walter Ruiz, stands to argue AE107---a motion to dismiss certain offenses as beyond military commission jurisdiction.
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LCDR Kevin Bogucki argues AE105---or would, if the time were right. But it isn’t, in his opinion. Ramzi Binal Shibh’s attorney thinks AE031, a motion to dismiss for unlawful influence, jibes with AE105,...
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Last day of the five-day session, y’all. Resplendent-in-robes time arrives, and the military judge notes that all five accused are absent.