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The commission convenes against at 2:10 pm for a surprise extra argument.
Judge Pohl begins by saying that if either party wants to put on the record material from the in-chambers meeting yesterday, the...
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Judge Pohl then announces that he wants to switch gears and deal with Rule 505 and closure issues now. The government, he asks prosecutor Joanna Baltes, wants an in camera hearing to talk about whether t...
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Before we tell you about the outpouring of love that Lawfare is getting at the Nashiri hearings (stay tuned for that!), we've a bunch of other matters to report.
The court now turns to the first of the ...
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Yesterday’s speech by CIA General Counsel Stephen Preston has generated criticism from Deborah Pearlstein, on Opinio Juris.
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Following his non-resolution of the conflicts issue, Judge Pohl announces a kind of schedule for the hearing. He will, he says, begin with the constitutional issues, then handle discovery issues, then co...
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Military Judge Col. James L. Pohl opens the hearing at around 9:10 am announcing that Brig. General Mark Martins, the chief prosecutor for military commissions, has joined the prosecution table.
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We’re back in the dark room staring at a wall. The Wall today is playing host to the Al-Nashiri marathon--a three day orgy of pre-trial motions on everything from shackling to the history of conspiracy a...
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To the list of significant motions to be argued tomorrow during the motions hearing in Al-Nashiri, add this: the defense’s contention that the charge of conspiracy is beyond the commission’s jurisdiction...
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One motion to keep an eye on during the upcoming commission session in United States v. Al-Nashiri: the defense’s request for the Commission to order Guantanamo officials to permit Al-Nashiri to meet wit...
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Judging by the docket, we are in for a lengthy motions hearing starting tomorrow morning in United States v. Abd al-Rahim Hussein Mohammed Abdu Al-Nashiri — the capital military commission case alleging ...
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For more than a decade, the United States has asserted authority to detain without criminal charge in Afghanistan under color of the law of armed conflct (LOAC). Because for the bulk of this period that...
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In this episode of the Lawfare Podcast, Bobby Chesney sits down with Brigadier General Rich Gross, the Legal Advisor to the Chairman of the Joint Chiefs of Staff, for a detailed discussion of the nature ...