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4/23 Motion Hearings #4: Still More Discovery & Jury Sequester
The court begins the afternoon session with quick consideration of one more defense discovery motion, AE226, seeking exculpatory information from a case in the Southern District of New York pertaining to... -
4/23 Motion Hearings #3: Discovery, Discovery, Discovery
The court returns from recess to consider two defense discovery motions, AE224, seeking information surrounding the facts and circumstances of the death of Abdul Aziz Bin Attash, and AE225, requesting fi... -
4/23 Motion Hearings #2: In Defense of Ex Parte Letters Rogatory
Next up is AE223A, a government response to a defense request that Judge Pohl authorize ex parte letters rogatory---essentially letters from the court to a foreign government seeking assistance in obtain... -
4/23 Motions Hearing #1: More Arguments Against Capital Punishment
Picking up on the tail end of Tuesday's arguments on capital punishment, the prosecutor CDR Andrea Lockhart says that the government is ready to argue AE212, a defense motion seeking to strike the prosec... -
4/22 Session #6: Reprisal
In AE222, the defense seeks to compel discovery into a possible reprisal defense to the terrorism charges against Al-Nashiri. By reprisal, Maj. Tom Hurley has in mind, in essence, a legal doctrine that ... -
4/22 Session #5: Lots of Reasons Not to Impose the Death Penalty
The afternoon pushes on, to AE209---the first in a series of motions seeking to take death off the table as a punishment option. -
4/22 Session #4: Chain of Custody Now, Chain of Custody Later
In AE207, the government has asked for a pre-trial hearing regarding on various evidence. CDR Andrea Lockhart has in mind 167 pieces of physical evidence seized from or near the U.S.S. Cole, immediately ... -
4/22 Session #3: Confrontation
The Guantanamo lunch hour closes; the military commission resumes, court and counsel first turning their collective attention to some procedural odds and ends. One item raised by Al-Nashiri’s Learned Co... -
4/22 Motions Session #2: More on Hollander
When recess ends, Kammen says he spoke with Al-Nashiri during the break. For some reason---apparently there’s an unwritten rule about where the accused may stand---guards had then became agitated, becau... -
4/22 Motions Session #1: In Which Recusal is Revisited
It’s Al-Nashiri time, y’all. The military judge, Army Col. James L. Pohl, calls the hearing to order. The accused is here, along with his lawyers, save two: Capt. Daphne Jackson and Nancy Hollander (wh... -
Al Nashiri Motions Hearing: April 22 Session
Your correspondent returns to Fort Meade, where Lawfare will take in a closed circuit broadcast, from Guantanamo, of pre-trial litigation in United States v. Al-Nashiri. Throughout the day, we'll have ... -
Cert Denial Comment from Justice Breyer in Hussain
The Supreme Court this morning denied cert in the Guantanamo habeas case of Hussain v. Obama. A few weeks back, Marty Lederman flagged this case over the Just Security as likely to provoke at least one j...
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