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Let's start with Ukraine. The Washington Post sums up the weekend's climactic events best: "[T]he Ukrainian parliament voted Saturday evening to dismiss President Viktor Yanukovych from office and to fre...
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Today, Lawfare test-drives a slight adjustment to its military commissions coverage---one we previewed a while back.
Jury duty will keep yours truly away from Fort Meade, and thus from almost-live blogg...
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Perceptive Lawfare readers may have noticed that we recently eliminated our rolling announcements ticker from the sidebar of the main page. Have no fear, Lawfare is still committed to posting relevant an...
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I was in Starbucks the other day and the man behind me was a DC Metropolitan Police Officer. As we waited, he and I had a pleasant conversation (I learned, for example, that he likes two pumps of creme ...
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There has certainly been much written about the controversy over autonomous weapons systems, but in my preparation for a Chatham House conference on autonomous weapons, I found one argument made by advoc...
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District court proceedings in Klayman v. Obama ended with a bang back in December, with D.C. District Court Judge Richard Leon ruling that bulk metadata collection under Section 215 of the Patriot Act is...
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The courtroom is nearly full at the DC Circuit Court of Appeals for oral arguments in Al Laithi v.
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As the week began, Ben and Jane critiqued a New York Times story rich with ominous warnings and innuendo that basically amounted to the Australians having spied on Indonesian government officials, includ...
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On Tuesday, the Center for 21st Century Security and Intelligence at Brookings hosted a panel discussion evaluating the National Institute of Standards and Technology (NIST) Framework. As Paul noted last...
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There are two more significant motions up today, the first of which Navy Lt. Paul Morris presents ever briefly. In AE200, prosecutors have asked the court, in advance, not to exclude victims from seques...
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So what’s next? A six-strong battery of defense attacks to various “aggravators”---allegations that, if endorsed by the panel after conviction, would call for a vastly greater measure of moral culpabili...
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Here is Air Force Maj. Allison Daniels, presenting AE183. Her motion seizes on the lack of grand jury indictment in this capital military commission case. That’s contrary to the Eighth Amendment, in the...
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Before lunch, we were discussing the lack of narrowing provided by Rule for Military Commission 1004. According to Al-Nashiri’s attorney, Richard Kammen, the rule broadens the availability of capital pu...
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AE180 is our motion. Richard Kammen presents it on Al-Nashiri’s behalf. The gist: the charges in this case shouldn’t have been referred capital, because the Military Commissions Act’s sentencing scheme...
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Debated now: AE176, a defense motion to knock out the capital referral of Hazarding a Vessel and Perfidy charges against the accused.
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In AE201, the defense seeks “Hamdan” credit for Al-Nashiri’s period of confinement, and thus to invalidate military commission rules that bar the court from doing so after a sentence has been imposed. J...
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The next stop on our little Ex Post Facto Tour 2014 is AE179. The defense theory here is roughly the same as earlier, but this time Al-Nashiri's lawyers focus on capital sentencing. In 2002, courts mar...
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In the wake of Thursday’s violence, many press reports began to state that the violence in Ukraine was heading toward---or constituted---a civil war. See here, here, and here. The press was using this t...
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Let’s push on to AE177, another Ex Post Facto motion. This time around, Mizer and company ask Judge Pohl to take the death penalty off the table, so far as concerns the offense of “intentional murder or...
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