Over at the Wall Street Journal, Siobhan Gorman is reporting on a new letter from the Administrative Office of the U.S. Courts on Sen. Leahy's FISA reform legislation. Signed by U.S.

Judge Spath then moves to AE 295, a defense filing and the penultimate item on the agenda.

In the final session for the day, Judge Spath announces he has come to a ruling on AE277.  This is the defense's bid for Al-Nashiri to have an MRI examination, presumably in order to unearth the damage w...

A reminder: Lawfare has digests of yesterday's pre-trial proceedings in United States v.

When the Court reconvenes, Major Tom Hurley begins argument on AE 280. In it, the defense requests that summaries of classified discovery be marked with more granular classification information.  Specifi...

The military judge, Air Force Col. Vance Spath, begins the morning's hearing in United States v. Al-Nashiri---his second on the case---by ruling on two pending motions. First, Judge Spath grants defense...

The FOIA Improvement Act of 2014 (S.2520) (“FIA”) sets out to make various tweaks to a key federal access to information statute, the Freedom of Information Act (“FOIA”).

For the (two?) readers who are following the exchange between Steve and me on Article III and appellate review in the Leahy bill, I wanted to offer two responses to Steve's latest post. The first respons...

Over on CNN’s Global Public Square, I’ve written about recent events in Libya – including the evacuation of American and many foreign diplomats – and what they mean for the Responsibility to Protect.

The U.S. District Court for the District of Columbia has granted the government’s motion to dismiss Fawzi Khalid Abdullah Fahad Al Odah’s petition for a writ of habeas corpus and declaratory judgment in ...

As I suspected it would, the exchange between my friend Orin Kerr and me on the constitutionality of the appellate review provisions in the Senate version of the USA FREEDOM Act has morphed into a broade...

A little update from Lawfare HQ, regarding our remaining coverage of this week's pre-trial motions hearings in the military commission case of United States v.

My friend Steve Vladeck has graciously responded to my post on the Article III problems I see with appellate review in the Leahy bill. I wanted to return to the issue one more time to sharpen the discuss...

If press accounts are correct, we will soon have the long-awaited Executive Summary of the Senate Intelligence Committee Report on the CIA detention program.  The report itself, which has not been submit...

CIA discovery---the subject of Judge Pohl’s ruling in AE120C, and a subsequent order on reconsideration---is still before us. In motion AE120BB, the defense seeks a timeline for getting its hands on such...

And lo, defense motion AE120S is before us. In it, the defense moves to compel production of an index of outstanding and denied discovery. But its not just any discovery we're talking about, as Capt. Da...

Not too long after lunch’s conclusion, court and counsel confront the question: will Judge Spath recuse himself from service as presiding judge, having served on the case for only a few weeks? Nope. Exp...