It’s on again, y’all.  All parties are present, including Al-Nashiri.  Yesterday, Judge Pohl explains, a Rule 505(h) hearing was held, regarding the parties' ability to make use of classified evidence in...

U.S. District Judge Lewis Kaplan in New York has granted attorneys for terrorism defendant Sulaiman Abu Gayth access, under controlled circumstances, to one Khalid Sheikh Mohammed---to whom they will get...

A dense fog has descended over the Nation's "Preeminent Center for Information, Intelligence, and Cyber."  Lawfare returns to Ft. Meade today, to view pre-trial hearings in the military commission case o...

Today D.C. Circuit Judges David Tatel, Janice Rogers Brown, and A. Raymond Randolph will hear oral arguments in Al Laithi v. Rumsfeld.

Life is the maximum possible penalty for the offenses charged, but Al-Darbi has entered into a pre-trial agreement---which the court now reviews with prosecution, defense, and accused.  Again, we’ll exci...

With Al-Darbi’s guilty plea entered, we turn to the nuts and bolts for pleas under the Military Commissions Act and implementing rules---of which there are many.  Given that numerosity, we’ll summarize t...

The image is different on the Fort Meade screen: we see the rarely-used bench, inside Courtroom One at Guantanamo.  (The 9/11 and Al-Nashiri cases, as y’all now, are conducted in Courtroom Two.)  The mil...

Lawfare returns to Fort Meade's storied CCTV outpost, this time for arraignment in the Guantanamo military commission case of United States v. Ahmed Mohammed Ahmed Haza al Darbi.  Along with the usual ar...

As I noted in an earlier post, the UK High Court in an opinion by Lord Justice John Laws dismissed David Miranda’s suit challenging his detention by the Metropolitan Police at London’s Heathrow Airport o...

n AE172, Richard Kammen challenges the Convening Authority’s power to select members of the military commission, come trial-time.  (This incorporates some arguments from another filing, AE117, regarding ...

Our prior motion challenged one charge relating to the attack on the Limburg---hazarding a vessel---and its status under international law.  Our next one, AE174, takes a somewhat different tack. It compr...

It's boat time.  Recall that Al-Nashiri is charged with playing a role in the attack on the M/V Limburg, a French-flagged oil tanker, in Yemen; the episode resulted in the death of a Bulgarian national, ...

Your correspondent returns to the Fort Meade CCTV outpost, to take in almost-live broadcasts of the day's hearing in United States v. Al-Nashiri.  A little after 0900, we learn the answer to an important...

Aaaaand we’re back.  In AE184, Al-Nashiri seeks the military judge’s assistance, in sending a subpoena to Jose Rodriguez pursuant to Rule 703. That’s the controversial former CIA officer and author of “H...