Daniel Cahen, the Legal Advisor to the ICRC's Regional Delegation for the United States and Canada, responds to my original post on Syria/LOAC with the following guest post: The publication of an intervi...

The disqualification and technical issues resolved---and Judge Pohl suddenly audible---the judge and parties move briskly to the next issue: the notice of Michel Paradis’ “undetailing” from the case (AE8...

Gabor Rona responds to my earlier post (and Kevin Heller's reply) on Syria and LOAC:  1) I agree fully with Kevin. And let me know if I've misunderstood anyone here, but my understanding of the historic ...

And we’re back, the return to proceedings marked by plenty of loud noises from Judge Pohl’s microphone--with which he is fiddling. When he speaks, he is hard to understand, but he's clearly ruling on th...

Ah-ha! Kammen says in reply: The prosecutor failed to mention the Supreme Court’s Massey case---the controlling precedent here, in Kammen’s view.  Under that case, the party seeking recusal need not show...

Commander Andrea Lockhart rises for the prosecution.  She wants respond to what she calls the defense’s innuendo and conjecture. The defense has not put forth a legal reason for recusal or disqualificati...

Kammen turns from the questions he would have asked to the substance of his motion for Judge Pohl’s recusal and disqualification - specifically, to whether Judge Pohl's retirement benefits pose a conflic...

Learned Counsel Richard Kammen starts the disqualification  rodeo with a request to ask additional voir dire questions of the court.

The hearing begins at 8:59 am, when Military Judge James Pohl walks into the courtroom, resplendent in his black robes. He looks the picture of justice itself, and he's all ready to hear . . . a motion t...

At this week's Al Nashiri military commission motions hearing, we're going to try something new. The blow-by-blow coverage we have been doing in the past has gotten a little bit overwhelming, both to pro...

Here’s your off-the-cuff read-out of this morning’s hearing before U.S. District Judge John Bates in Al-Maqaleh v. Gates and Hamidullah v. Obama, better known as the “can we get a little GTMO-style habea...

Folks, a reminder that Ben and I will be making the scene tomorrow at Fort Meade's CCTV facility, and reporting on the upcoming motions session in United States v. Al-Nashiri.  The session is set to begi...

That's the word from defense counsel James Connell III: the military commission has granted the defense's request and rescheduled the August 8-12 motions session for August 22-26.  In seeking the continu...

Kevin Heller writes in with the following observation in response to my post yesterday on Syria/LOAC: I liked your post on Syria and the ICRC, but this statement gave me pause: "The ICRC’s past and prese...

In today's Washington Post, the paper reports that the United States has missed a statutory deadline of July 1, 2012 that required the government to scan all inbound cargo containers for radioactive mate...

As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution.  After several very quiet months...

[Update: a responsive post from ICRC's Daniel Cahen is here, and ones from Kevin Heller and Gabor Rona are here and here] Many papers and sites are today highlighting the fact that the ICRC has stated p...

I was distressed this evening to receive a note from Ms. Tangerine Bolen, executive director of RevolutionTruth and one of the plaintiffs in the Hedges case, in response to this post from the other day. ...

An important news analysis piece from Scott Shane of the New York Times. I'm glad Shane took the time to lay this out. Though the point seems very obvious to me, it is decidedly non-obvious to many peopl...