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As Bobby has already noted, Greg Miller has a lengthy Washington Post report (part I of three!) disclosing more details of the Obama administration's targeted killing policy, discussing the administratio...
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And we’re off. We commence with AE 115, the defense’s motion to compel production of witness statements taken by Yemeni officials, which were then turned over to the FBI. LDCR Stephen Reyes stands on A...
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Splayed across the front page of the Washington Post this morning is the headline "U.S.
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The ongoing rain has not stopped a crowd from gathering at the ELC. Among them is the accused, Abd Al Rahim Hussayn Muhammad Al-Nashiri---with whom the court wishes to speak about his right to be presen...
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And we're back . . . to another day of CCTV-broadcasted hearings in the military commission case of United States v. Al-Nashiri.
At Guantanamo, there are some lingering concerns about Hurricane Sandy; s...
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A few months ago, Jack posed an interesting question: Whatever happened to the Periodic Review Board (PRB) system for Guantanamo detainees that the president created in his executive order?
In March 2011...
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Let’s begin with the avalanche of coverage on last night’s presidential debate on foreign policy, which spanned Libya, Pakistan, Afghanistan, the Middle East, Israel, drones, and yes, food stamps and edu...
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AE99 is next on our agenda. It asks whether, and under what circumstances, Al-Nashiri may waive his right to attend pretrial proceedings in this capital case. (There are also related motions, including...
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Judge Pohl calls our proceedings to order, and notes Al-Nashiri’s absence.
That prompts Prosecutor Anthony Mattivi to make his record. The lawyer asks his witness, our by-now-familiar-from-last-week-bu...
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Chief Prosecutor Mark Martins last night released a statement regarding this week's hearing in United States v. Al-Nashiri. It begins as follows:
Tomorrow, the military commission convened to try the ch...
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We begin the three-day hearing in United States v. Al-Nashiri with a modest venue change---not at Guantanamo, but at Fort Meade. The familiar Smallwood Hall will not be the site for our CCTV broadcast. ...
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There were basically none. No discussion of Guantanamo, of habeas, of the NDAA, of interrogation, of military commissions, of targeted killing---and only the most cursory mention of drone strikes. This i...
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It was on the tip of Schieffer's tongue, and yet nevertheless, the moderator refrained. But what if he had asked the candidates. . . about AE 104, perhaps the most important of the motions under conside...
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Want a preview, if only a partial one, of what this week’s hearing in United States v. Al-Nashiri will look like? Then look no further than last week’s hearing, in United States v. Mohammed et al.
Have...
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Last week I asked whether per se opposition to military commissions was in the GTMO detainees best interests, where their “interests” were defined as “(a) maximizing [the detainees’] procedural rights, a...
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Jordan announced over the weekend that it has foiled an Al Qaeda plot targeted at a number of civilian and military targets in Amman, including the American Embassy there.
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I've recently completed a short (10-page) draft meant to serve as a primer on key domestic law questions associated with computer network operations. The paper will be published as part of the proceedin...
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Since the Lawfare Drone Smackdown convinced me that my martial arts life and my Lawfare life are less separate than I had thought, and since Jack has already posted this board-breaking picture---on the t...
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I was out of the country last week and missed the opportunity to weigh in promptly on the Hamdan decision. In reading the reactions, I have noted that many human rights and civil liberties groups have i...
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On Friday, Captain Jason Wright, an attorney for Khalid Sheikh Mohammed, released the following statement about the most recent round of hearings in the 9/11 case:
PRESIDENT OBAMA RESTATES DESIRE TO CLOS...
