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6/21 Motions Session #2: Welsh, Connell, and Harrington
The prosecutor Robert Swann returns to the podium; our JTF staffer returns to the witness stand, having run his needed errand. Al-Baluchi, the witness says, just told me that in fact, his teeth had shif... -
6/21 Motions Session #1: Did Al-Baluchi's Dentist Just Call a Recess?
The commission is called to order. The accused are with us here, save two: Mustafa Al-Hawsawi and Ammar Al-Baluchi. Did the latter two men waive, knowingly and voluntarily, their rights to attend? Afte... -
On Ducks and the D.C. Circuit: A Thought on <em>Hussain</em>
A few years ago, when my then-research assistant Zaahira Wyne and I were trying to analyze what sort of people really made up the Guantanamo population---research that eventually went into both Chapter 3... -
Jeff Powell on Targeted Killing and Due Process
The following is a guest post from Jeff Powell, a Professor of Law at Duke University School of Law. He twice served in the Justice Department's Office of Legal Counsel, as Deputy Assistant Attorney Gen... -
6/20 Motions Session #4: Who Reads Lawfare, Anyway?
Remember CAPT Thomas Welsh, the Staff Judge Advocate at GTMO? He is our next witness, appears in person, and is questioned by KSM lawyer David Nevin. Welsh had about three months’ experience at the camp... -
6/20 Motions Session #3: The Last of Admiral Woods’s Testimony
Prosecutor Edward Ryan will cross-examine Admiral David Woods, once JTF-GTMO’s commanding officer (whose testimony is relevant, among other things, to the defense’s efforts to dismiss the case on defecti... -
6/20 Motions Session #2: Two Lawyers and One Admiral
Life is restored to our CCTV screen here at Burba Cottage---thus signaling a return to open proceedings. The accused are back in the courtroom. What about our recent Rule 505(h)? There was no cut in t... -
6/20 Motions Session #1: First Woods, Then Rule 505(h)
We would hear the gavel bang, but there doesn’t appear to be a gavel inside the Expeditionary Legal Complex courtroom. At any rate, the military judge, Army Col. James Pohl, ascends the bench and calls ... -
6/19 Motions Hearing #6: Woods' Words
Crackles can be heard as lapel mics are adjusted and our proceedings are called back to order. A cell phone detection alert in the courtroom caused our most recent technical outage. Judge Pohl asks all... -
6/19 Motions Session #5: How the Woods Order Worked
We return from lunch curious about whether video teleconference issues have been resolved. That would allow us to hear from Admiral David Woods, former commanding officer at GTMO, once again. It turns ... -
6/19 Motions Session #4: The MCA 2009 and Congress's Intent
Our proceedings resume, and all wonder: do the machines work? They may soon, as the commission gives the technical folks until 1300 to resolve any outstanding issues. We’ll thus work on some other odds... -
6/19 Motions Session #3: Fits and Starts
Technical snags resolved---or, at least worked around temporarily---we return to J. Connell III’s examination of Admiral Woods.
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