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5/28 Session #3: Members Versus Judges; Continuing Discovery Obligations
Action resumes at the Expeditionary Legal Complex, Courtroom Two. Army Col. James Pohl, the military judge, calls the proceedings once more to order. The defense, in AE267B, makes a due process argumen... -
Relevant Excerpts from President Obama's West Point Speech
Not a lot in President Obama's West Point speech that is new on Lawfare-related matters. -
5/28 Session #2: Protective Order Rules, and Ex Parte Contacts
In AE13N, the defense seeks relief from the case’s protective order regarding national security information---in particular, permission for defense counsel in this commission case to draw on classified e... -
5/28 Session #1: Getting the SSCI RDI Report---or Not
It’s on---the open part of our proceedings, anyway. Recall that court and counsel began their day already, some time earlier this morning, in a Role 505(h) session that has concluded. The parties there... -
Statement from the Chief Prosecutor on This Week's Hearings in Al-Nashiri
The Chief Prosecutor at Guantanamo, Brig. Gen. Mark Martins, had this to say on the eve of a pre-trial motions hearing in United States v. Al-Nashiri---which commences tomorrow, and which Lawfare will co... -
The Uncertain Future of Military Detention Authority as "Combat Operations" in Afghanistan End
Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan. Assuming that the winner of the Afghan presidential election will i... -
Senators Feinstein and Levin on 9/11 Case Delay, RDI Declassification
Made available today: a letter from Senators Dianne Feinstein and Carl Levin, which was sent to President Obama in January of this year and urged him to speed things up in the 9/11 case---chiefly by decl... -
DDC Declines to Reissue TRO in Dhiab Hunger Strike Case, Blasts DoD "Intransigence"
Earlier in the week, I wondered aloud about the future of a temporary restraining order, entered by Judge Gladys Kessler and temporarily banning the force feeding of Guantanamo detainee Abu Wa'el Dhiab. ... -
New Trial Date Set for February 2015 in Al-Nashiri
This marks the most significant among many dates set by the Second Amended Scheduling Order, in the military commission case of United States v. Al-Nashiri. The ruling was issued on May 9 (and in respon... -
Read Out on Today's GTMO Hunger Strike Hearing
Last week, U.S. District Judge Gladys Kessler entered a temporary restraining order in a habeas case filed by Guantanamo detainee Jihad Dhiab. Among other things, and most interestingly, her ruling tempo... -
DDC to GTMO: No Force Feeding Detainee Until Hearing
That's perhaps the most eye-catching feature of this just-issued preservation order from U.S. District Judge Gladys Kessler. It reads, in pertinent part: On April 18, 2014, Petitioner Mohammed Abu Wa’el... -
USG Filings in Al-Nashiri
There are two: a cross-motion to hold Al-Nashiri's habeas case in abeyance, pending resolution of his military commission trial at Guantanamo; and a legal memorandum setting forth the government's argume...
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