Here is Air Force Maj. Allison Daniels, presenting AE183. Her motion seizes on the lack of grand jury indictment in this capital military commission case.  That’s contrary to the Eighth Amendment, in the...

Before lunch, we were discussing the lack of narrowing provided by Rule for Military Commission 1004.  According to Al-Nashiri’s attorney, Richard Kammen, the rule broadens the availability of capital pu...

AE180 is our motion.  Richard Kammen presents it on Al-Nashiri’s behalf.  The gist: the charges in this case shouldn’t have been referred capital, because the Military Commissions Act’s sentencing scheme...

Debated now: AE176, a defense motion to knock out the capital referral of Hazarding a Vessel and Perfidy charges against the accused.

In AE201, the defense seeks “Hamdan” credit for Al-Nashiri’s period of confinement, and thus to invalidate military commission rules that bar the court from doing so after a sentence has been imposed.  J...

The next stop on our little Ex Post Facto Tour 2014 is AE179.  The defense theory here is roughly the same as earlier, but this time Al-Nashiri's lawyers focus on capital sentencing.  In 2002, courts mar...

Let’s push on to AE177, another Ex Post Facto motion.  This time around, Mizer and company ask Judge Pohl to take the death penalty off the table, so far as concerns the offense of “intentional murder or...

It’s on again, y’all.  All parties are present, including Al-Nashiri.  Yesterday, Judge Pohl explains, a Rule 505(h) hearing was held, regarding the parties' ability to make use of classified evidence in...

U.S. District Judge Lewis Kaplan in New York has granted attorneys for terrorism defendant Sulaiman Abu Gayth access, under controlled circumstances, to one Khalid Sheikh Mohammed---to whom they will get...

Today D.C. Circuit Judges David Tatel, Janice Rogers Brown, and A. Raymond Randolph will hear oral arguments in Al Laithi v. Rumsfeld.

Life is the maximum possible penalty for the offenses charged, but Al-Darbi has entered into a pre-trial agreement---which the court now reviews with prosecution, defense, and accused.  Again, we’ll exci...

With Al-Darbi’s guilty plea entered, we turn to the nuts and bolts for pleas under the Military Commissions Act and implementing rules---of which there are many.  Given that numerosity, we’ll summarize t...