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Lt. Cmdr.
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Daniel Cahen, the Legal Advisor to the ICRC's Regional Delegation for the United States and Canada, responds to my original post on Syria/LOAC with the following guest post:
The publication of an intervi...
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The disqualification and technical issues resolved---and Judge Pohl suddenly audible---the judge and parties move briskly to the next issue: the notice of Michel Paradis’ “undetailing” from the case (AE8...
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Gabor Rona responds to my earlier post (and Kevin Heller's reply) on Syria and LOAC:
1) I agree fully with Kevin. And let me know if I've misunderstood anyone here, but my understanding of the historic ...
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And we’re back, the return to proceedings marked by plenty of loud noises from Judge Pohl’s microphone--with which he is fiddling.
When he speaks, he is hard to understand, but he's clearly ruling on th...
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Ah-ha! Kammen says in reply: The prosecutor failed to mention the Supreme Court’s Massey case---the controlling precedent here, in Kammen’s view. Under that case, the party seeking recusal need not show...
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Commander Andrea Lockhart rises for the prosecution. She wants respond to what she calls the defense’s innuendo and conjecture. The defense has not put forth a legal reason for recusal or disqualificati...
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Kammen turns from the questions he would have asked to the substance of his motion for Judge Pohl’s recusal and disqualification - specifically, to whether Judge Pohl's retirement benefits pose a conflic...
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Learned Counsel Richard Kammen starts the disqualification rodeo with a request to ask additional voir dire questions of the court.
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The hearing begins at 8:59 am, when Military Judge James Pohl walks into the courtroom, resplendent in his black robes. He looks the picture of justice itself, and he's all ready to hear . . . a motion t...
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At this week's Al Nashiri military commission motions hearing, we're going to try something new. The blow-by-blow coverage we have been doing in the past has gotten a little bit overwhelming, both to pro...
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Here’s your off-the-cuff read-out of this morning’s hearing before U.S. District Judge John Bates in Al-Maqaleh v. Gates and Hamidullah v. Obama, better known as the “can we get a little GTMO-style habea...