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Fourth Circuit Reinstates Abu Ghraib Lawsuit
In a decision handed down today, the Fourth Circuit Court of Appeals vacated and remanded a district court decision dimissing a tort suit against CACI Premier Technology Inc., a contractor at the Abu Ghr... -
Statement From Military Commissions Chief Prosecutor Mark Martins
Yesterday, Military Commissions Chief Prosecutor Mark Martins provided the following statement on pretrial hearings this week in the USS Cole case. -
DC Circuit Upholds Conspiracy Conviction in al-Bahlul
In an en banc decision, the D.C. Circuit Court of Appeals affirmed Ali Hamza al-Bahlul's conviction by military commission for conspiracy to commit war crimes. The decision is the opposite of the court's... -
This Week at the Military Commissions, 10/17 Session: Mr. Gill goes to Washington—Or Not
After a short one-month break, military judge Air Force Colonel Vance Spath returned to gavel in the Al-Nashiri trial. After introducing a new member of the defense team, Rosa Eliades, the judge spends ... -
The Search for Authorization: Three Eras of the President’s National Security Power
The constitutional text governing national security law is full of gaps and oversights. This is particularly true with regard to the President. Notwithstanding occasional claims of extra-constitutional, ... -
This Week at the Military Commissions, 10/14 Session: Joint Defense Agreement? What Joint Defense Agreement?
After a closed hearing on Thursday for a 505H session, Judge Pohl reconvenes the court in open session at 9:03am on Friday. The judge notes that all defendants are in attendance except for Mustafa alHaws... -
The New Face of Law and Cyber Warfare
On October 3-4, 2016, I was privileged to be invited to attend and speak at the annual conference organized by the Staff Judge Advocate for USCYBERCOM, Colonel Gary Corn. I attended the two unclassified ... -
This Week at the Military Commissions, 10/12 Session: “An Anomaly in the Law”
Wednesday’s session opens up with Jim Harrington, counsel for Ramzi Binalshibh arguing in favor of 152JJJ, a request for testimonial immunity for Abu Zubaydah in connection with Binalshibh’s motion to ho... -
Statement from Military Commissions Chief Prosecutor Mark Martins for October 16
Yesterday, Military Commissions Chief Prosecutor Mark Martins provided the following statement regarding this week's pretrial hearings in the USS Cole case. The statement is also available here. -
Statement from Military Commissions Chief Prosecutor Mark Martins
On Friday, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings conducted in the 9/11 case over the past week. His statement is also available here. -
Obama’s Term-End Thoughts on Targeted Killing
You could be forgiven if, amidst all the allegations of groping, the Clinton-Trump debates, and the ongoing implosion of the Republican Party, you missed an extensive interview by Jonathan Chait with our... -
This Week at the Military Commissions, 10/11 Session: Post-Hurricane Matthew Edition
We’re back at Guantanamo Bay for another round of pretrial hearings in the 9/11 case—one day later later than scheduled, thanks to Hurricane Matthew. But as of Tuesday, October 11th, personnel have retur...
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