AE50, our day's last, is James Connell III’s request to compel the production of three witnesses. The first is Robin Maher, an attorney who helped to develop the ABA’s guidelines on capital cases---a le...

Your correspondent returns to Fort Meade's Smallwood Hall, for Lawfare's CCTV coverage of a second day of hearings in United States v. Mohammed et.

MAJ Sterling Thomas, on behalf of Ammar al-Baluchi, argues AE93---in which Thomas and James Connell III ask the court to grant their client a brief, audiovisual communication.  Ammar al-Baluchi desires t...

AE55 is up next. In it, the defense jointly seeks the release of redacted versions of pleadings containing classified materials.

Ruiz takes a third stab at AE108, first by emphasizing the justification behind his proposal for overnight visits to his client’s detention center: the lawyer needs to determine sleeping patterns, other ...

Lunch is done.  David Nevin notes the absence of co-counsel, Gary Sowards; prosecutors remind us that all five accused remain voluntarily absent. We circle back to AE108, regarding the conditions of con...

We move now to AE108, a defense effort to inquire into the current conditions of the accuseds’ confinement.  Day-to-day life at the detention center is a subject for LCDR Walter Ruiz, Mustafa al-Hawsawi’...

A while back, I posted about a forthcoming article by Carlos Vázquez (Georgetown) and me on the relationship between Bivens remedies and state law, especially in national security cases.

Let us turn now to 13U---a defense motion to strike the protective order’s “testimonial notice” provision, paragraph 8(a)(1)(b). It’s an offensive little paragraph, according to al-Baluchi's lawyer, J.

We come to an expected vignette about yesterday’s brief audio and video blackout. Judge Pohl explains: the idea behind the forty-second delay is to prevent the disclosure of classified information.  But...

Do you know what time it is?  9:09 a.m., better known as resplendent-in-judicial-robes time.  Judge Pohl calls our session to order.  And it’s seemingly a court-and-counsel only affair; all five accused ...

January 28, 2013: The United States signs a status of forces agreement with Niger “that clears the way for a stepped-up American military presence on the edges of the conflict in neighboring Mali,” and t...

The New York Times has this story by Charlie Savage, amusingly titled "State Dept.

You'll find a copy here. The Chief Prosecutor's statement naturally overviews the week's proceedings; one portion, however, addresses an issue not formally included on the docket but likely of interest t...

The parties return, the defense having debated and then chosen a procedure for litigating AE80, regarding the preservation of evidence of any existing detention facility.  Before we really learn from KSM...

We’re back from lunch, with all parties present.   A procedural tidbit before beginning: we’re told that classified session will commence this afternoon at 3 p.m., likely in connection with motions relat...

Alan Backstrom and Ian Henderson have a new draft working paper at SSRN, "New Capabilities in warfare: an overview of contemporary technological developments and the associated legal and engineering issu...