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I largely agree with Steve’s excellent post on the D.C. Circuit’s Hamdan decision today. In particular, and most importantly, I agree that the logic of the opinion strongly indicates that military commis...
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Onward with the topic of the day: the government's proposed protective order. Here to challenge it on First Amendment grounds are David Schulz and Hina Shamsi.
Schulz appears on behalf of 14 news organ...
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The technical goof apparently is resolved, so discussion picks up once more.
James Connell III continues with defense security officer matters. He thus reviews with Judge Pohl, closely, what the duties...
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The sound of the gavel is really two sounds at once: that of restarting proceedings in United States v. Mohammed et al., and that of the dorkosphere quickly digesting, and already debating, today’s rulin...
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The drum roll sounds and we move to the day’s most anticipated issue: the government’s proposal for an order protecting classified national security information---in particular, the prosecution’s recent ...
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AE48 is our first motion, and its all about fashion---that is, the authority of the JTF commander to permit some of the defendants’ clothing choices, but to deny others.
The dispute mercifully has narro...
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Raff already shared the news re: this morning's D.C.
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Judge James Pohl returns the bench and calls the proceedings to order.
Yesterday’s process all but foreordained our first matter: attendance. And consistent with the process announced yesterday, three ...
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The D.C. Circuit Court's opinion that we've all been waiting for has come down. The D.C. Circuit has vacated Hamdan's conviction for material support for terrorism in the Military Commission and reversed...
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Our brief recess comes to a close. It appears Judge Pohl has drafted a series of possible questions regarding the accuseds’ intention to waive their presence rights. And yet despite earlier indications...
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Lunchtime comes to a close; we thus return to presence and absence matters, and a few concluding remarks by defense counsel. Lawyers for KSM, al-Hawsawi and Bin Attash contribute a few comments.
The la...
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Our next topic is presence. No, not the Led Zeppelin album by that name. The issue, raised by Judge Pohl and now addressed by the Chief Prosecutor, instead is whether, and under what circumstances, a war...