Judge Pohl turns to outstanding 505 disclosures--the CIPA-like summaries that take place under the MCA.  He asks trial counsel whether there any more such material outstanding?  There is, Lockhart says. ...

For Kammen, the next defense motion, AE74, is all about saving government money and efficiency. The government has provided a database to the defense in discovery, the attorney tells the court. And these...

We’re back and taking up AO 77, the defense motion to compel the funding of another defense consultant, one Dr. Elizabeth Loftus, a forensic psychologist. (Government response (Part 1 of 6): here.

Kammen shifts to his reimbursement motion, AE 76.  In particular, defense counsel wants to add a sixth, civilian paralegal to Al-Nashiri’s defense team. That person would be paid on an hourly basis, perf...

Judge Pohl next takes up AO 82, the defense motion to force the Convening Authority to fund a consultant, Nancy Hollander, to aid the defense on matters related to national security law. (Government resp...

The next issue, Judge Pohl announces, is the group of motions surrounding discovery: AO 76, AO 77, AO 85, AO 82, and AO 74. They start with AO 82, which seeks an accounting of prosecutorial resources. ...

Lt. Cmdr.

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...