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You probably have been saying to yourself, all morning and afternoon, “when will we ever hear argument on motion AE40, the defense’s request to compel funding for a Yemeni defense investigator?” Your wa...
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Lunch ends, and we return to argue over AE 038 - or, as better known to docket-watchers, the defense’s motion to compel the timely translation of discovery into Arabic. Reyes begins by informing the cour...
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Continuing with his discovery blitz, Judge Pohl turns next to AE 044, a defense motion to compel the production of unredacted classified discovery.
Lt. Cmdr. Stephen Reyes argues for the defense that th...
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Judge Pohl calls the commission back to order at 11:00 am to discuss AE 054 and AE 057--two motions to compel discovery from potential witnesses in Yemen and the U.A.E.
At the in-chambers conference, Ju...
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The court next turns to the issue, which it heard a couple of months ago, of whether it has the authority to hear a defense motion to reconsider any decision to accept Rule 505 evidence substitutions. Th...
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The hearing begins again at 9:18. Judge Pohl enters and announces that he has held a meeting in chambers with counsel to discuss letters rogatory, which he will discuss on the record later. The other iss...
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Notwithstanding the Lawfare love-in, I'm a bit troubled by one of the threads that appeared to emerge from the argument in Nashiri over whether conspiracy is a recognized violation of the laws of war. B...
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Brig. General Mark Martins released the following statement after today's hearings:
Chief Prosecutor Mark Martins
Remarks at Guantanamo Bay on 11 April 2012
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The day’s final issue is a logistical one. In its motion AE56, the Government asks to take some depositions in Yemen. Judge Pohl has some hesitation here, and says as much. He nevertheless asks for clari...
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Break's over, y'all. It’s Bill of Attainder time at Guantanamo.
Paradis begins this longest of long-shot motions by identifying his legal view of the federal ban on bills of attainder. The ban’s essence...
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Next up are AE 49 and AE 51--the defense’s two broadsides against the charge of terrorism as a war crime. Paradis says that this offense, like conspiracy, lies beyond the jurisdiction of the commission a...
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Well, the prosecution and defense don’t agree about much--but they both love Lawfare.
Judge Pohl turns next to defense motion AE 048, which argues that conspiracy is not a valid charge before a commissi...