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Military Judge Col. James L. Pohl opens the hearing at around 9:10 am announcing that Brig. General Mark Martins, the chief prosecutor for military commissions, has joined the prosecution table.
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We’re back in the dark room staring at a wall. The Wall today is playing host to the Al-Nashiri marathon--a three day orgy of pre-trial motions on everything from shackling to the history of conspiracy a...
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In earlier posts I’ve written generally about the information sharing provisions of the Lieberman-Collins cybersecurity bill and the McCain bill. Today I want to continue drilling down in comparing the ...
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To the list of significant motions to be argued tomorrow during the motions hearing in Al-Nashiri, add this: the defense’s contention that the charge of conspiracy is beyond the commission’s jurisdiction...
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Josh Gerstein of the Politico stopped by Brookings to moderate an event today, and he gave me the attached as a gift to Lawfare. It's a postcard of a 1942 book. He says he has no idea what it's about, an...
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As Raffaela has already noted, the European Court of Human Rights unanimously ruled this morning that Abu Hamza al-Masri and four other wanted terrorism suspects may be extradited from the United Kingdom...
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CIA General Counsel Stephen is giving the following remarks today at Harvard Law School:
Remarks of
The Honorable Stephen W. Preston
General Counsel
Central Intelligence Agency
Harvard Law School
Cambri...
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The European Court of Human Rights ruled today that Britain may deport five terrorist suspects (including Abu Hamza al-Masri, the former preacher) who are wanted in the U.S. consistent with human rights ...
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One motion to keep an eye on during the upcoming commission session in United States v. Al-Nashiri: the defense’s request for the Commission to order Guantanamo officials to permit Al-Nashiri to meet wit...
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Judging by the docket, we are in for a lengthy motions hearing starting tomorrow morning in United States v. Abd al-Rahim Hussein Mohammed Abdu Al-Nashiri — the capital military commission case alleging ...
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The rise of new technologies such as drones, enabling more discrete surveillance and uses of force, is one factor prompting new interest in covert action (used in a colloquial sense).
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For more than a decade, the United States has asserted authority to detain without criminal charge in Afghanistan under color of the law of armed conflct (LOAC). Because for the bulk of this period that...
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In this episode of the Lawfare Podcast, Bobby Chesney sits down with Brigadier General Rich Gross, the Legal Advisor to the Chairman of the Joint Chiefs of Staff, for a detailed discussion of the nature ...
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The Afghanistan International Security Assistance Force (ISAF) reports that Gen. John R.
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The top news from the weekend is that the U.S. and Afghanistan have reached an agreement on night raids. The agreement requires all "special operations" to be reviewed by a panel composed of Afghan gover...
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I could pick factual nits with today's New York Times editorial on the referral of charges in the Khalid Sheikh Mohammed case. If I were in that sort of mood, I'd start with the first sentence, which rea...
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Peter Margulies responds to Jameel Jaffer’s response:
I appreciate Jameel’s response to my earlier post, as I appreciate the work that he and the ACLU have done in promoting transparency. However, Jamee...
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The ACLU’s Jameel Jaffer responds to Peter Margulies' post yesterday on “moving the goal posts”:
Peter is mistaken. We filed that suit because we thought the photos would help the public understand what...
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I'm pleased to announce that we have now added an Upcoming Events Calendar to Lawfare. In recent months, a great many organizations, individuals, and groups have asked us to post announcements on the blo...
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Congratulations to the Harvard National Security Journal for a fruitful conference yesterday on the covert action and the law. It was an intensive seminar all day long on the domestic and international ...