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So the only people who are NOT allowed to read any of the material that Snowden disclosed are Federal employees or contractors who still carry security clearances (like me). I got the following earlier ...
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Before the podium stands Richard Kammen, Al-Nashiri’s lead lawyer. His chosen subject is AE143, a defense motion to compel discovery of exculpatory information the government previously furnished to Al-...
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The White House has now officially announced the President's intent to nominate Stephen Preston as General Counsel of the Pentagon.
The statement says in relevant part:
Stephen W. Preston, Nominee for G...
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That's the essence of Jane Sutton's Reuters story. Not exactly unexpected news, given recent D.C. Circuit decisions, a likely-though-still-uncertain ruling from that same court sitting en banc, and pr...
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In AE109, Al-Nashiri’s lawyers ask Judge Pohl to take judicial notice that the Sixth Amendment’s Confrontation Clause applies to military commissions.
As a general matter, says Kammen, the rule is that ...
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Lunch recess comes to a close and the commission is again called to order. Before moving to our next docket item, Kammen identifies his pending expert requests. Then he registers another complaint abou...
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Keith Bradsher of the New York Times reports that Hong Kong is likely to extradite Edward Snowden if asked to by the U.S. government.
From the Department of You Really Can’t Make This Up: Russia has cal...
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I know it is hard to turn our attention away from the NSA spying programs, but it might be worthwhile to consider that other significant threats to American security exist, possibly even ones greater the...
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On to the discipline of Defense-Initiated Victim/Survivor Outreach, or DIVO (AE107). Kammen and crew seek funding for two DIVO liaisons. In prior proceedings, Judge Pohl asked to hear more about DIVO ...
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Defense lawyer Richard Kammen speaks about AE27L---a motion to enforce compliance with a commission order, so far as concerns spiral notebooks, eyeglasses, writing utensils, eyeglasses and similar items ...
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Aaaaaand we’re back. AE149 is up next. It’s a motion to compel, regarding witnesses to certain alleged monitoring---specifically, electronic monitoring of attorney-client meetings at Echo II, where det...
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The in-court audio gadgets having been satisfactorily adjusted, the hearing picks up again. Some more odds and ends noted for the record: the court raises the recent Rule 706 examination requested by th...
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The proverbial gavel sounds; the military judge, resplendent as ever in his robes, returns; Al-Nashiri’s case resumes. He is in the courtroom, seated at the far left of counsel table.
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Your correspondents return to Fort Meade in order to observe---via almost live, closed circuit television---four days of pretrial proceedings in United States v. Al-Nashiri. The hearing in the capital m...
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Americans deeply distrust power and secrecy and are right to do so. Intelligence agencies are powerful and secret---but necessary. Reconciling these propositions is a fundamental task in a democracy. We...
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With all the recent discussion of surveillance law and policy, it is easy to forget that we had recently been focused on other matters such as the scope of the still-operative 2001 AUMF. On that topic, ...
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The President intends to nominate CIA General Counsel Stephen Preston to take over for Jeh Johnson as General Counsel of the Defense Department---or so, at least, I am hearing. I have not yet seen an off...
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You can find it here. The Chief Prosecutor's statement begins as follows:
Good evening, and welcome to those here for the first time. Welcome back to those who have previously been to Guantanamo Bay to ...
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So we learn from these charging documents, and from the Department of Defense's press release.
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Many, of course, will doubt the power of data mining, geolocation and other cyber techniques to resolve ambiguities. One would have thought, however, that Edwards Snowden the (in)famous NSA leaker would...
