The Smallwood Screen comes alive, with Judge James Pohl seated at the familiar, authority-emanating bench.  A glow likewise surrounds the wall’s JTF insignia; it seems to say, “let us reconvene and discu...

At 9:01, Judge Pohl takes the bench, authority-emanating robes and all.  All parties are present, including the five accused.  Prosecutor Robert Swann notes the continued presence of FBI personnel and an...

Amid the flurry of writing about the White Paper’s approach to “imminence” – an important conversation, to be sure – little attention has been paid to a paragraph in the White Paper that seems to establi...

We’re back, and the parties jointly request a discussion of AE56---the government’s request for oral depositions. Regarding those, the dates the government proposed earlier are no longer feasible, for o...

The commission is called to order, with all parties present---including the accused.  The witness, Dr. Iacopino, also is “here,” albeit only virtually: he appears today by video teleconference ("VTC"), w...

This afternoon, we continue with a second day of almost-live, CCTV-broadcasted hearings in the military commission case of United States v. Al-Nashiri.  As always, Lawfare is in the house---Fort Meade's ...

There's certainly a lot to say about the DOJ white paper on targeted killings, much of which has been said already (and well) by others (see Raff's "Headlines and Commentary" post for links).  At the ris...

Judge Pohl is now ready to rule. As to Dr. Crosby, he says, the limitations placed on her by JTF-GTMO, to the extent they conflict with her best professional judgment, are unreasonable. The Convening Au...

We're back---live (sort of) from Guantanamo (sort of). It's Monday at Fort Meade, and that means it's time to open a multi-day motions hearing in the Nashiri military commission. You remember Abd al Rahi...

The last motion of the day is AO135, a defense motion to allow a doctor named Sondra Crosby to do an examination of Nashiri without either guards present or the patient shackled. Reyes explains that she’...

Break is over and Judge Pohl clearly hopes to resolve a group of motions before day’s end. The trouble is that these motions are all connected in a weird kind of string and he can’t resolve one without t...

Next stop is AO140, the government’s motion for a competency board to examine Nashiri as a consequence of his previous colloquies with Judge Pohl. CDR Andrea Lockhart explains that under Rule 706, such ...