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Before the podium stands Richard Kammen, Al-Nashiri’s lead lawyer. His chosen subject is AE143, a defense motion to compel discovery of exculpatory information the government previously furnished to Al-...
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In AE109, Al-Nashiri’s lawyers ask Judge Pohl to take judicial notice that the Sixth Amendment’s Confrontation Clause applies to military commissions.
As a general matter, says Kammen, the rule is that ...
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Lunch recess comes to a close and the commission is again called to order. Before moving to our next docket item, Kammen identifies his pending expert requests. Then he registers another complaint abou...
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On to the discipline of Defense-Initiated Victim/Survivor Outreach, or DIVO (AE107). Kammen and crew seek funding for two DIVO liaisons. In prior proceedings, Judge Pohl asked to hear more about DIVO ...
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Defense lawyer Richard Kammen speaks about AE27L---a motion to enforce compliance with a commission order, so far as concerns spiral notebooks, eyeglasses, writing utensils, eyeglasses and similar items ...
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Aaaaaand we’re back. AE149 is up next. It’s a motion to compel, regarding witnesses to certain alleged monitoring---specifically, electronic monitoring of attorney-client meetings at Echo II, where det...
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The in-court audio gadgets having been satisfactorily adjusted, the hearing picks up again. Some more odds and ends noted for the record: the court raises the recent Rule 706 examination requested by th...
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The proverbial gavel sounds; the military judge, resplendent as ever in his robes, returns; Al-Nashiri’s case resumes. He is in the courtroom, seated at the far left of counsel table.
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With all the recent discussion of surveillance law and policy, it is easy to forget that we had recently been focused on other matters such as the scope of the still-operative 2001 AUMF. On that topic, ...
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Pardon the interruption from all-things-surveillance, but pursuant to our back and forth with Bobby, Jack, Matt, and Ben on the merits of a new AUMF, Representative Adam Schiff, a senior member of the Ho...
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Ben Emmerson, the UN's Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, issued the following statement on Friday following a visit t...
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This memorandum from the Secretary of Defense, came across my screen the other day. It will give the reader some insight into how DoD is trying to build its cyber capabilities.
MEMORANDUM FOR SECRETARIE...