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...

A few weeks ago, Daniel Klaidman noted in the Daily Beast the existence of a White House memo outlining its proposal to close Guantanamo.

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...

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, ...

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...

Let us now discuss, for but a fleeting moment, the ongoing representation status of CDR Walter Ruiz.

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. ...

Mustafa al-Hawsawi’s lawyer, CDR Walter Ruiz, stands to argue AE107---a motion to dismiss certain offenses as beyond military commission jurisdiction.

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,...

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.

Lt. Col. Sterling Thomas argues now in connection with AE106.  In that motion, the defense says the case should be dismissed because the 2009 Military Commissions Act violates due process.

Our recess-ette is done, and all the same folks from earlier are here---save Al-Hawsawi, who remains absent. Does the Convening Authority unconstitutionally act as both prosecutor and judge at Guantanamo...