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Two opposite mistakes in an after-the-fact review of a terrorist incident are equally damaging. One is to fail to recognize the powerful difference between foresight and hindsight in evaluating how an in...
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We'll hear next from a much-anticipated witness called by the defense: an Army psychiatrist who---as Judge Pohl rules from the bench, overruling defense objections---will testify under a pseudonym after ...
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We shuffle things around a bit, first by putting off AE263 temporarily. It appears that motion, along with related litigation concerning hearsay statements offered by the prosecution, will be postponed ...
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Excellent recent posts by Ben and Marty draw attention to the impact that the drawdown in Afghanistan likely will have on GTMO habeas litigation.
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After CDR Lockhart lays out the parties' agreed upon schedule for the rest of the afternoon session, the court begins with AE 244, a defense motion to dismiss numerous charges as multiplicitous of other ...
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Picking up on the end of Thursday's session, the court will consider multiple defense motions seeking to strike the first aggravator---that the life of one or more persons other than the victim was unlaw...
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The morning session starts off with the calling of a pseudonymous witness, Dr. M, to testify on Al-Nashiri's psychological diagnosis and current treatment at Guantanamo Bay. But there's already a problem...
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Very interesting and thoughtful comments over at Just Security by Marty Lederman on Justice Breyer's brief opinion in the Hussain cert denial the other day. Marty writes:
As Justice Breyer notes . .
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The court returns from recess and quickly puts off consideration of two defense motions---AE229 and AE230---seeking to compel information from the government pertaining to the training and certifications...
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The court briefly considers AE236, a defense motion seeking clarification or creation of process by which it may appeal denials of access to two classified government servers---the Joint Worldwide Intell...
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Not sure how I missed this, but a Periodic Review Board has recommended the transfer to Yemen of Guantanamo detainee Ali Ahmad Al-Razihi. The summary of its findings reports that the board found Al-Razih...