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Judge Pohl turns to Mohammed’s attorneys and his right to counsel. Mr. Mohammed, he says, pursuant to the Manual for Military Commissions, you are today represented by two military lawyers, Derek Poteet ...
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Walid ‘Bin Attash is now seated, and, like the other accused men, free from restraints.
The defense strategy has now clearly come into focus: The defendants refuse to speak or engage the court, while th...
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When the audio comes back on, Judge Pohl is asking counsel for Bin ‘Attash, Capt. Michael Schwartz, whether he knows why the feed went out. There is certain material, he says, that is not to be disclosed...
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Judge Pohl turns to David Nevin. Let’s start with your client, he says. You have detailed counsel, he says to KSM.
KSM does not answer. Mr. Mohammed, he says. Can you hear me?
There is a long pause.
N...
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The hearing gets under way at 9:23, when Military Judge Col. James Pohl, looking resplendent in his jet-black robes, takes his seat--authority emanating from his very fingers--and calls the military comm...
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The Smallwood theater at Fort Meade is unusually crowded with press today, but not with the usual suspects--who are all down at Guantanamo itself for the big event. Wells and I are joined by Swedish pres...
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A gentle reminder - not that you really needed one, being a devoted Lawfare reader and all - Ben and I will be live-blogging tomorrow's much-anticipated arraignment in United States v. KSM et al. Accor...
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Below is a recap of yesterday’s oral argument before the D.C. Circuit in Hamdan v. United States. As for key takeaways, you’ll find Steve’s breakdown here, and my two cents' worth here.
Again, it is an...
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As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and...
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Having disgraced myself by missing the argument in Alsabri, I figured I should at least read the opinion. It is a mark of how far the D.C. Circuit has come in establishing the contours of the law of dete...
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Yesterday I posted a lengthy response to Gabor Rona’s critique of the Brennan speech, and Gabor has now replied to my comments. Alas, we seem to be speaking past one another in various ways (for example...
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Both because of my own biases and because Wells is going to be posting more of a blow-by-blow at some point (on top of his initial reaction, which I basically share), I'll spare readers from a comprehens...