A few words for MacDonald, from Al-Baluchi counsel J. Connell III.  The court hints at a narrower re-direct examination, reminding Connell and other counsel to limit questions to issues addressed during ...

Addressing the witness, prosecutor Edward Ryan proposes to keep things simple. Is there an actual law that created these commissions?  Yes, the MCA 2009, as implemented in the Military Commissions Manua...

Having defrosted outside for a spell, we return from lunch.  Lo and behold, the video hookup has been repaired.  Thus our marching orders are re-jiggered a bit---and we proceed, not with further debate o...

A three-judge panel (Judges Henderson, Griffith and Edwards) of the D.C. Circuit has affirmed the District Court's decision to deny Guantanamo detainee Abdul al Qader Ahmed Hussain's petition for a writ ...

Our marching orders adjusted for technical reasons, we turn to AE13GG---a dispute over the protective order, and the confidentiality of reports belonging to the International Committee for the Red Cross ...

I am participating today and tomorrow at a seminar at Roger Williams University Law School, entitled Cyber Threats and Cyber Realities.  It is being hosted by our Lawfare guest contributor Peter Marguile...

The screen image is grainy here at Burba, but we nevertheless discern what has now become a quite familiar picture: we see the military judge, as always resplendent in his judicial robes, ascending the b...

Dew glistens on the lawn just outside Fort Meade’s Burba Cottage----our usual haunt, Smallwood Hall, being unavailable on account of the ongoing Bradley Manning trial.  Lawfare is in the house for a seco...

There is a subtle connection between the unfolding NSA metadata controversy and the controversy that has long plagued the administration's position on drone strikes, involving the impact of transparency ...

The Unsurprisingly Abaya-ed Cheryl Bormann’s logistical issues go unaddressed, despite our ongoing “recess in place.”  Non-resolution of her complaint gives the military judge an idea: David Nevin will a...

Next to explore Admiral Bruce MacDonald’s actions during the pre-referral phase is James Harrington.  He’s a lawyer for Ramzi bin Al Shibh.

Earlier, our lunch interrupted live video testimony by Admiral Bruce MacDonald, until recently the commissions’ Convening Authority.  But now lunch is done, and the defense’s questioning presses forward.

Our recess ends and, after some brief discussion of logistics, Ruiz’s examination ekes forward.

Last week I noted that Ayman al Zawahiri, head of AQ, issued a statement directing that AQI and al Nusrah remain separate entities within the AQ system, and I pointed out various questions this raised fr...

Now joining us by video teleconference (VTC) is retired Rear Adm. Bruce MacDonald, who was the military commissions’ Convening Authority from March 2010 until his appointment expired in March 2013.  Toda...

It’s go time at the Expeditionary Legal Complex.  Judge Pohl ascends the bench and calls our proceedings to order; all five accused are present, along with their attorneys.  There’s a new addition to Ram...