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Last year, Bobby, Larkin, and I released a paper entitled "The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking." The paper promised to be a kind of living document:
Rather than si...
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After yesterdays motions hearing, Chief Prosecutor Mark Martins issued the following comments:
Chief Prosecutor Mark Martins
Remarks at Guantanamo Bay on 12 April 2012
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All discovery, all the time. We move now to AE53, the defense’s motion for the discovery of information about the resources expended by the government in its investigation. Kammen is up first, and he ...
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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...