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A while back, I posted about a forthcoming article by Carlos Vázquez (Georgetown) and me on the relationship between Bivens remedies and state law, especially in national security cases.
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Let us turn now to 13U---a defense motion to strike the protective order’s “testimonial notice” provision, paragraph 8(a)(1)(b).
It’s an offensive little paragraph, according to al-Baluchi's lawyer, J.
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We come to an expected vignette about yesterday’s brief audio and video blackout.
Judge Pohl explains: the idea behind the forty-second delay is to prevent the disclosure of classified information. But...
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Do you know what time it is? 9:09 a.m., better known as resplendent-in-judicial-robes time. Judge Pohl calls our session to order. And it’s seemingly a court-and-counsel only affair; all five accused ...
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The parties return, the defense having debated and then chosen a procedure for litigating AE80, regarding the preservation of evidence of any existing detention facility. Before we really learn from KSM...
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We’re back from lunch, with all parties present.
A procedural tidbit before beginning: we’re told that classified session will commence this afternoon at 3 p.m., likely in connection with motions relat...
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The protective order, and J. Connelll III’s now-famous demonstrative slides, return to center stage. The lawyer’s subject: the protective order's definition of “unauthorized disclosure.”
The latter sug...
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We begin with AE20, regarding the time for the defense to respond to government motions. The court thinks its moot.
Bormann is back, and doesn’t touch AE20’s mootness. Instead she pushes forward with ...
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We turn to the motions set for argument on the amended docketing order---or, rather, to the order in which those motions will be argued. (The docketing order didn't do that?) It turns out that we won’t ...
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The hour arrives, and our hearing begins. There’s Judge Pohl, looking resplendent as always in his judicial robes. All five accused are present in the courtroom, though not all of their lawyers are.
...
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Over the weekend, the United Nations Assistance Mission in Afghanistan ("UNAMA") released its report on the treatment of conflict-related detainees in Afghan prisons. Needless to say, it's not terribly u...
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As Wells noted, the Guantánamo Military Commission Convening Authority has declined to adopt Chief Prosecutor Brig. Gen. Mark Martins's recommendation to withdraw the conspiracy charges against Khalid Sh...