I'm not sure if this is by accident or on purpose, but the New York Times yesterday proposed advanced judicial review of a huge swath of targeting in warfare against terrorist groups. Consider the first...

We return from an hour’s break, with some GTMO press refreshed by milkshakes purchased from Fort Meade’s Burger King.  A video teleconference with CDR Jennifer Strazza, our next witness, awaits.  Some nu...

Nine minutes past the hour, and the session resumes with some bickering about delays.  Recess was supposed to last until 1300, but, alas, we’ve reconvened a bit after that.   Judge Pohl wants an explanat...

“The commission is called to order,” Judge Pohl says.  Back to CDR Walter Ruiz, and his witness: the Convening Authority, with a visage grainy in the video-teleconference monitor (itself piped to us here...

The Convening Authority, Ret. Adm. Bruce MacDonald, is sworn. CDR Walter Ruiz, lawyer for accused Mustafa al-Hawsawi, rises to question him.  It will be a quick-ish examination, evidently, as Judge Pohl...

Romance is in the air---and waves of the purest judicial authority---as Judge Pohl calls our session to order.  The five men accused of planning 9/11 are present in the courtroom, along with lawyers for ...

So how will you ring in this Hallmark Holiday?  Lawfare recommends a bouquet of long-stem, CCTV-broadcasted, almost-live hearings from Guantanamo, in the military commission case of United States v. Moha...

My Brookings colleague Allan Friedman, a cybersecurity expert, sent me the following brief note following the State of the Union and the concurrent release of the president's executive order on cybersecu...

Recent events have accelerated a discussion focused around creating a special court to oversee the execution of targeted killings against suspected terrorists.

Ever since I wrote my post yesterday morning about how people were over-reading the imminence language of the White Paper, I have received a number of emails and tweets and comments suggesting that I am ...

Judge Pohl reconvenes, and wonders: does the Defense have any issues that will need addressing tonight? For his part,  Ruiz has a question regarding Admiral MacDonald’s testimony at 0900.  Has the burden...

Col. Sterling Thomas, counsel for al-Baluchi, calls our next witness: Ms. Robin Maher, a law professor and (most relevantly) Director of the ABA Death Penalty Representation Project. Thomas inquires abo...

My colleague at Brookings, Daniel Byman, and I have written a lengthy paper on the different tools the United States uses in going after citizens abroad believed to have allied themselves with the enemy....

Up next at the witness chair Ms. Robin Maher. Wait---that's not quite true.  First, we have a sidebar about the Convening Authority, Bruce MacDonald.  His testimony is set for tomorrow, on AE08 and AE31...

Back from lunch. Col. Bogdan is still on the stand.  Edward Ryan, a Justice Department lawyer, speaks for the prosecution.  His questioning makes very clear: Bogdan has never recorded attorney-client vis...

Our next witness is Army Col. John Bogdan, a military police officer and the joint detention group commander at GTMO since June  2012.  Nevin questions him.  Bogdan catalogs three types of visits with th...

Senator Feinstein issued the following press release today: The administration has publicly described—including now in an unclassified white paper—the legality and boundaries of targeted killing of terro...