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...

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...

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...

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...

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...

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. ...

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...

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...

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...

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...

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...

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...

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...

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...

Chief Prosecutor Mark Martins last night released this statement regarding the week-long hearing in United States v. Mohammed et al.  It begins as follows: Today was the last of five days of pre-trial se...

The court returns, apparently having familiarized itself with the motion to which Ruiz had referred earlier—AE64. (In the meantime, James Connell III, Learned Counsel for Ammar al-Baluchi, has left the ...

In AE71, CDR Walter Ruiz seeks additional information about two FBI agents who interrogated his client, Mustafa al-Hawsawi.  This apparently bears on the defense’s motion for a defective referral.

Movin’ right along to AE60.  CDR Walter Ruiz sets forth his request for various information about the military judge’s appointment.