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Documents: Government Response to Court Order in ACLU v. Mattis and Response Briefs
On Nov. 30, the Justice Department responded to D.C. District Court Judge Tanya Chutkan's order in ACLU v. Mattis for the government to say whether the unnamed American citizen detainee being held as an ... -
Updates from the Military Commissions, 11/14-11/16: Wrapping Up the Physical Evidence Witnesses in al-Nashiri
Following the events of Nov. 13 summarized in the last post in this series, the military commission in United States v. al-Nashiri reconvened on Tuesday, Nov. -
Updates from the Military Commissions, 11/13: Finally, a Cross-Examination!
When last we left Lawfare readers, the prosecution in the United States v. al-Nashiri military commission had begun “preadmission” of evidence despite the ongoing refusal of defense counsel to participate. -
Document: Convening Authority Upholds Contempt Finding Against Brig. Gen. Baker
The Office of Military Commissions Convening Authority (CA) upheld U.S. Air Force Colonel Judge Vance Spath's contempt finding against Brigadier General John Baker. However, the CA has exempted him from ... -
Putting the North Korea Terrorism Designation in Context
President Trump designated North Korea a sponsor of terrorism on Monday, returning it to the list of official state sponsors along with Iran, Sudan and Syria. -
Al-Alwi v. Trump: The Government Responds, Initial Hearing En Banc is Requested and Denied, and Amici Chime In
Guantanamo Bay detainee Moath Hamza Ahmed al-Alwi’s protracted legal battle has filled the pages of Lawfare for quite some time—see here, here, here, and here—and for good reason: Al-Alwi’s case presents... -
Regulating Internet Content: Challenges and Opportunities
Terrorist groups, like everyone else today, rely on the internet. Al-Qaeda in Iraq made its name disseminating hostage beheading videos. Omar Hammami became a Twitter star for the Somali jihadist group a... -
This Week at the Military Commissions, 11/8-11/10: Pretrial Proceedings Continue (Part III)
Pretrial activities in United States v. al-Nashiri shifted focus Nov. 8 and 10, as the prosecution began presenting witnesses and physical evidence from the USS Cole for preadmission by presiding judge C... -
This Week at the Military Commissions, 11/7: Pretrial Proceedings Continue (Part II)
Military commission proceedings in United States v. al-Nashiri continued Nov. 7 with military judge Col. Vance Spath presiding. Judge Advocate General Lt. Alaric Piette remains the sole counsel for the d... -
This Week at the Military Commissions, 11/3: Pretrial Proceedings Continue (Part I)
Continuing with pretrial proceedings in United States v. al-Nashiri—which relates to the 2000 bombing of the USS Cole—military judge Col. Vance Spath called the commission to order Nov. 3 at 9:00 am. Def... -
This Week at the Military Commissions, 11/7: A Habeas Petition in Response to Contempt Proceedings
As discussed in the last post in this series, on Wednesday, military judge Col. Vance Spath held Marine Corps Brig. Gen. John Baker, chief defense counsel of the military commissions, in contempt of cour... -
The Next Phase in the War on Terror
Last week, in the deadliest terrorist attack in New York City since 9/11, Sayfullo Saipov turned a nearly mile-long stretch of bike path along Manhattan’s West Side Highway into a killing ground. The att...
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