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The morning session starts off with the calling of a pseudonymous witness, Dr. M, to testify on Al-Nashiri's psychological diagnosis and current treatment at Guantanamo Bay. But there's already a problem...
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Very interesting and thoughtful comments over at Just Security by Marty Lederman on Justice Breyer's brief opinion in the Hussain cert denial the other day. Marty writes:
As Justice Breyer notes . .
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The court returns from recess and quickly puts off consideration of two defense motions---AE229 and AE230---seeking to compel information from the government pertaining to the training and certifications...
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The court briefly considers AE236, a defense motion seeking clarification or creation of process by which it may appeal denials of access to two classified government servers---the Joint Worldwide Intell...
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Earlier this month, Ben debated Georgetown Law professor Rosa Brooks on the future of the AUMF during a Pepperdine University School of Law symposium at, entitled “The Future of National Security Law.” G...
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Not sure how I missed this, but a Periodic Review Board has recommended the transfer to Yemen of Guantanamo detainee Ali Ahmad Al-Razihi. The summary of its findings reports that the board found Al-Razih...
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This week, let's start with the courts. Ben flagged the Second Circuit’s decision ordering that the government to release the legal memos that justify the targeted killing of Anwar Al Awlaki.
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The afternoon session gets started without Al-Nashiri in attendance. Learned Counsel Rick Kammen rises to press Lt. Hurley's case one last time that the defense should be able to question Dr. Crosby abou...
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The court begins Thursday's session with AE205K, a government request, opposed by the defense, that a witness be allowed to testify under a pseudonym.
CDR Brian Mizer explains that this is a general obj...
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Now available: a six-strong batch of
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I knew this was coming. Just not this soon. The Navy is sending a 3D printer to sea. It's a small step: "The crew has been making everything from disposable medical supplies (think plastic syringes), ...
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To close out the unclassified portion of the afternoon session, the court hears argument on AE231-234, all defense motions to dismiss charges for multiplicity.
The defense first raises AE231, seeking di...
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What follows is rank speculation. It is teasing out a trend from some isolated facts and it may well be completely in error. But, that having been said, the tea leaves tell me that the future holds a f...
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The military commission at Guantanamo continued pre-trial motion litigation in United States v. Al-Nashiri yesterday and today. We will be digging through the transcripts to provide summaries of key moti...
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Ukraine and Russia are moving closer to a direct armed confrontation, following, as the Washington Post puts it, “tit-for-tat military movements.” Several pro-Russian militants were killed by Ukrainian f...
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We now know the shocking truth. The FBI has successfully exploited a software vulnerability to obtain access, through recruited hackers, to networks operated by the governments of Brazil, Pakistan, Nige...
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We begin with foreign affairs: Israel just halted peace talks with Palestine, reports the Associated Press. The move comes as a response to the unity pact signed by the PLO and Hamas yesterday evening, i...
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I have a new forthcoming article that may be of interest to readers: The Fourth Amendment and the Global Internet, forthcoming in the Stanford Law Review. Here's the abstract:
This article considers h...
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The court begins the afternoon session with quick consideration of one more defense discovery motion, AE226, seeking exculpatory information from a case in the Southern District of New York pertaining to...
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On Monday, a three-judge Second Circuit panel ordered the Obama administration to disclose a redacted copy of the Office of Legal Counsel memorandum outlining its legal justification for the targeted kil...
