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In the final session for the day, Judge Spath announces he has come to a ruling on AE277. This is the defense's bid for Al-Nashiri to have an MRI examination, presumably in order to unearth the damage w...
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A reminder: Lawfare has digests of yesterday's pre-trial proceedings in United States v.
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When the Court reconvenes, Major Tom Hurley begins argument on AE 280. In it, the defense requests that summaries of classified discovery be marked with more granular classification information. Specifi...
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The military judge, Air Force Col. Vance Spath, begins the morning's hearing in United States v. Al-Nashiri---his second on the case---by ruling on two pending motions.
First, Judge Spath grants defense...
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The U.S. District Court for the District of Columbia has granted the government’s motion to dismiss Fawzi Khalid Abdullah Fahad Al Odah’s petition for a writ of habeas corpus and declaratory judgment in ...
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CIA discovery---the subject of Judge Pohl’s ruling in AE120C, and a subsequent order on reconsideration---is still before us. In motion AE120BB, the defense seeks a timeline for getting its hands on such...
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And lo, defense motion AE120S is before us.
In it, the defense moves to compel production of an index of outstanding and denied discovery. But its not just any discovery we're talking about, as Capt. Da...
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Not too long after lunch’s conclusion, court and counsel confront the question: will Judge Spath recuse himself from service as presiding judge, having served on the case for only a few weeks?
Nope. Exp...
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We continue with Learned Counsel Richard Kammen’s questioning of Air Force Col. Vance Spath, the case’s new and recently detailed military judge.
The defense has asked Judge Spath to recuse himself, giv...
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The scene on the grainy Fort Meade screen is different: there’s a new judge.
Consistent with a recent and abrupt change-up in the case, the judicial bench is filled today not by Army Col. James Pohl, bu...
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Last night, Wells posted a statement by Military Commissions Chief Prosecutor Mark Martins about the weeklong Nashiri hearing getting under way today at Guantanamo.
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David Remes, an attorney representing Guantanamo detainees--and, in particular, co-counsel for the petitioner in Hatim--writes in with this comment on Friday's ruling in that case from the D.C. Circuit:
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