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The screen comes alive, but not action in the courtroom. Irritation from the judge, whose ten-minute recess took, well, fifteen. Judge Pohl adds that, simply because an accused intends to attend an afte...
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With the release of yesterday’s declassified FISA documents, the debate over whether the FISA Court is an effective check on government surveillance activities is over. Or at least it should be.
Before ...
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The military judge calls the commission to order once more. Speaking for Ammar al-Baluchi, Lt. Col. Sterling Thomas describes the sworn duty of military attorneys---defense and prosecution alike. This g...
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Rug swept and table dusted, the parties again take up consideration of AE018, the government’s motion for a privileged written communications order. Edward Ryan, of the prosecution, picks up where he lef...
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The one major remaining issue after Judge Bates’s November 2011 opinion involved what to with communications transactions acquired under the old minimization procedures, which Judge Bates had struck down...
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The government acted swiftly in response to Judge John D. Bates’s October 3, 2011 opinion. While it contemplated an appeal, it did not bring one. Instead, it adopted a series of alterations to the NSA’s ...
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Judge Pohl re-convenes the military commission, and tallies the show-ups and no-shows. Khalid Sheikh Mohammed is in the house, as is Ammar al-Baluchi; their three co-accused are not.
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The audience at Burba Cottage has shrunk slightly. But your Lawfare correspondents are ready to begin Day Four of this week's pre-trial motions hearings in United States v.
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The document that will surely capture the lion’s share of the public’s attention---and rightly so---is the October 3, 2011 FISC opinion by Judge John D. Bates, then the presiding judge of the FISC.
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Rather than starting with what I---or anyone else---think and believe about the remarkable cache of documents the intelligence community declassified yesterday, I thought we should begin with a detailed ...
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The Second Circuit today held that the ATS claims against Ford, Daimler, and IBM -- the three remaining defendants in the decade-long litigation against more than fifty companies for allegedly aiding an...
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The Office of the Director of National Intelligence is declassifying a large group of important documents pertaining to NSA surveillance programs under Section 702 of FISA. I will keep updating this list...
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The prosecutor Edward Ryan stands at the mic as the judge reconvenes the commission. Visibly impassioned, Ryan presents the government’s argument on AE018. He mentions some attention-grabbing examples o...
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Audio technical difficulties apparently resolved, the commission reconvenes, with David Nevin still out front.
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A new way to get the podcast.
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Your correspondents bid goodbye to Burba’s lakeside picnic tables, just before the military judge announces the resumption of proceedings. One accused, Ramzi Binal Shibh, has joined the group at the ELC...
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A mish-mash-y discussion follows on motions to compel, the mish-mash being necessary for many reasons: because many substantive motions overlap, and thus call for interrelated but separate compulsion req...
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In breaking news, Bradley Manning, 25, has been dishonorably discharged and sentenced to 35 years in prison.
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Ruiz remains at the podium to argue another compulsion motion, AE031F (which also is styled 032H and 133E, given its relevance not merely to AE031, but to other motions, too).
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Another series of motions to compel awaits us, this one bearing on AE031, the defense’s motion to dismiss the case for unlawful influence.
