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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 ...
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Trouble continues in Mali. French-led forces have seized the Timbuktu airport from militants, and although it is really cool that there actually is a Timbuktu, it is decidedly not cool that fighting cont...
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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...
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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’...
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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.
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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.
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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...
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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 ...
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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...
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The New York Times has this story by Charlie Savage, amusingly titled "State Dept.
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This morning, my Brookings colleagues Michael O'Hanlon and Bruce Riedel held an excellent event with General Stanley McChrystal on the evolution of JSOC and his new book, My Share of the Task.
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A major story in the Washington Post over the weekend if you didn't catch it: Ellen Nakashima on the DOD's ramping up of Cyber Command staffing, increasing by more than four-fold the size of the command.
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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...
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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...
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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...
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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...
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The protective order, and J. Connelll III’s now-famous demonstrative slides, return to center stage. The lawyer’s subject: the protective order's definition of “unauthorized disclosure.”
The latter sug...
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We begin with AE20, regarding the time for the defense to respond to government motions. The court thinks its moot.
Bormann is back, and doesn’t touch AE20’s mootness. Instead she pushes forward with ...
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We turn to the motions set for argument on the amended docketing order---or, rather, to the order in which those motions will be argued. (The docketing order didn't do that?) It turns out that we won’t ...
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The hour arrives, and our hearing begins. There’s Judge Pohl, looking resplendent as always in his judicial robes. All five accused are present in the courtroom, though not all of their lawyers are.
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