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Rep. Smith's proposed NDAA amendments on Guantanamo and Indefinite Detention
This week, Rep. Adam Smith (D-WA) filed two amendments to the National Defense Authorization Act for 2014 (H.R. 1960). The first, co-sponsored by Rep. Jerrold Nadler (D-NY) and James Moran (D-VA), provi... -
June 13 Session #2: Rule 703(c)
AE114 is next. It involves RMC 703(c), and commission procedures for the production of witnesses. Do these violate the Military Commissions Act, and Al-Nashiri’s constitutional and statutory due proces... -
June 13 Session #1: Hamdan II and Terrorism Charges
The hearing resumes, with all parties present including the accused. -
Al-Nashiri Motions Hearing: June 13 Session
Your correspondent returns to Fort Meade' Burba Cottage---our usual CCTV venue, Smallwood Hall, being unavailable---to take in another day of piped-in-from-Guantanamo hearings in United States v. Al-Nash... -
June 12 Session #5: Final Thoughts on the Conspiracy Charge, and Defense Security Officers
We resume with reply argument on AE48C. It comes from Maj Danels, who says the motion is very simple: it asks only for the court to dismiss the charge of conspiracy, period. The prosecution, on the othe... -
June 12 Session #4: On Vicarious Liability
We return, refreshed, from a longer-than-expected lunch break. -
June 12 Session #3: Testimony on Monitoring, Part I
It’s witness time. Bryan Broyles, Principal Deputy Chief Defense Counsel for the Military Commissions, is sworn. We’ll hear from him, on matters relating to monitoring---in particular, AE153. -
White House Threatens Veto of NDAA
OMB has issued a Statement of Administration Policy (SAP) pointing out White House objections to various elements in pending NDAA legislation (H.R. -
June 12 Session #2: Rules for Inclusion and Exclusion
Our first argued motion is AE142, a defense bid to prevent Al-Nashiri from being from removed from the courtroom during a closed session. Rising in support of it is Maj Allison Danels, who notes the com... -
Article III Limits on Military Commissions, the (New) NIMJ Amicus Brief, and the En Banc D.C. Circuit
Wells already flagged yesterday's news re: General Martins' apparent skepticism about the availability of conspiracy and military commission charges in future military commission cases (at least those br... -
June 12 Session #1: Housekeeping
At 9:05, the military judge takes the bench. The mic is affixed. “Is this on?” Yes, it is. All parties are present, including the accused---whose attendance moots the need for any voluntariness discus... -
Al-Nashiri Motions Hearing: June 12 Session
We are back at Fort Meade, ready to cover today's almost live motions hearing in United States v. Al-Nashiri. The festivities will begin at 0900. Read our coverage of yesterday's hearings here.
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