-
The screen comes alive with James Connell III---who responds to the court’s pending inquiry, regarding material that isn’t subject to the government’s information privilege but that still comes within th...
-
Our fourth day commences, as expected, with presence matters.
Prosecutor Robert Swann discharges what appears to be his recurring duty: establishing that the day’s two no-shows, Mustafa al-Hawsawi and R...
-
I somehow missed the D.C. Circuit habeas appeal of Guantanamo detainee Abdul Qader Ahmen Hussein, whose case is to be argued today. It appeals this decision from a year ago by U.S. District Judge Reggie ...
-
[UPDATE: A reader points out that when discussing this subject back in 2011, the question had arisen as to whether this was indeed the best reading of 2339B(d) for the 1996-2004 period. I had responded ...
-
In his post on yesterday's decision in (what I think we should all call) Hamdan II, Jack writes "The historical arguments for a conspiracy charge in military commissions under the laws of war, while not ...
-
Chief Prosecutor Mark Martins has released these remarks regarding proceedings in the 9/11 case, today and yesterday.
-
We return, and KSM is ready to talk---through a translator.
The red-bearded Baluch holds forth about “national security.” The government told you, Judge Pohl, that you must consider national security, ...
-
We return refreshed from lunch, and discover that audio has been restored here at Smallwood. There’s also this bit of news: Walid Bin Attash still isn’t coming to court today. (There had been some spec...
-
Five brief thoughts on yesterday’s Hamdan decision:
First, I am less confident than Steve and Ben that this opinion forecloses conspiracy claims in military commissions. The historical arguments for a ...
-
KSM’s presence is upon us---that is, both KSM himself, and his rights under the Military Commissions Act. He’s in the courtroom, camouflage vest and all, and Mark Martins wants Judge Pohl to confirm tha...
-
We pick up where yesterday left off---with the ACLU’s Hina Shamsi, who continues her First Amendment-based challenge to the government’s proposal for an order protecting certain national security informa...
-
It wouldn’t be a military commission without some preliminary matters, the first of which is attendance. (No surprise here: the court’s approach to the issue requires a brief inquiry at the commencement...