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The last motion of the day is AO135, a defense motion to allow a doctor named Sondra Crosby to do an examination of Nashiri without either guards present or the patient shackled. Reyes explains that she’...
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Break is over and Judge Pohl clearly hopes to resolve a group of motions before day’s end. The trouble is that these motions are all connected in a weird kind of string and he can’t resolve one without t...
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Next stop is AO140, the government’s motion for a competency board to examine Nashiri as a consequence of his previous colloquies with Judge Pohl.
CDR Andrea Lockhart explains that under Rule 706, such ...
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We know Judge Pohl wants to hear argument on two motions this afternoon. Now he tells us which ones: AE99D and AE140. The pair are interrelated, and were both filed by the prosecution.
The government t...
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It’s 1:00 pm and we’re back.
Addressing a defense claim from earlier, Judge Pohl makes clear for the record that he would never require defense attorneys to violate applicable rules of professional resp...
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I’d like to briefly address two articles in the news today on U.S.
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Let’s begin with an update on Israel.
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The French military intervention in Mali continues:
Islamist rebels have ceded control of most of Mali's major cities but have likely taken refuge in the country's rugged mountains and caves. As a resul...
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It’s 9:01 am, and Military Judge James Pohl enters the courtroom, resplendent in his black robes, judicial authority emanating from his very being.
The first order of business is AE149, which the defens...
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I am puzzled by two news reports on USG cyber policy in the last few days. This AP story from Friday surprised me for what it revealed about the lethargic U.S. reaction to the now-many-years-old problem...
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A reminder, Lawfare fans: our military commissions coverage continues at 9:00 a.m. tomorrow, as hearings resume in United States v. al-Nashiri. The docketing order for this week's four-day session can b...
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Within hours of Friday’s suicide bombing, which killed one Turkish security guard, Turkish authorities had blamed the attack on a Turkish leftist group known as the Revolutionary People’s Liberation Part...
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I missed this week AEI's panel on Zero Dark Thirty and the reality of coercive interrogation at the CIA, though I have been meaning to watch the video.
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From Gregory McNeal via Twitter. Looks kinda cool.
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For the past few months, I have been thinking about how Lawfare might do more to bring readers information from non-lawyers with expertise critical to national security law and lawyering the modern age. ...
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Want to litigate habeas appeals for the government? Want to end the war so the government has to release habeas petitioners? Great new job postings on the Lawfare Job Board from the civil appellate staff...
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The D.C.
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Let’s begin with some of the coverage of Senator Chuck Hagel’s confirmation hearing yesterday.
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Here it is.
From the statement's discussion of Monday's break in CCTV audio and video, during remarks by KSM attorney David Nevin:
As in courts-martial, members of the Office of Military Commissions sta...