The court returns from recess to consider two defense discovery motions, AE224, seeking information surrounding the facts and circumstances of the death of Abdul Aziz Bin Attash, and AE225, requesting fi...

Next up is AE223A, a government response to a defense request that Judge Pohl authorize ex parte letters rogatory---essentially letters from the court to a foreign government seeking assistance in obtain...

Picking up on the tail end of Tuesday's arguments on capital punishment, the prosecutor CDR Andrea Lockhart says that the government is ready to argue AE212, a defense motion seeking to strike the prosec...

As Wells mentioned earlier today, we will be in transcript mode for the remainder of this week's pre-trial motions proceedings in United States v. Al-Nashiri.

Big news over at the Department of Homeland Security.  Now in its 11th year, the Department continues to be operationally disaggregated into its component parts, with little of the cross-cutting economie...

What follows is a quick recap on the status of FISA transparency reporting (most of this was news in late January but is summarized here with some useful links) along with a couple of observations on wha...

A little reminder, for the military commissions-inclined and from Lawfare HQ: for the rest of this week, Lawfare unfortunately won't be almost-live-blogging pre-trial motions litigation in United States ...

Catherine Tucker, the Mark Hyman Jr.

My Brookings colleague, sometime coauthor, and Lawfare's Foreign Policy Editor, Daniel Byman, and I have written a lengthy article Foreign Affairs, on NSA matters.

In AE222, the defense seeks to compel discovery into a possible reprisal defense to the terrorism charges against Al-Nashiri. By reprisal, Maj. Tom Hurley has in mind, in essence, a legal doctrine that ...

The afternoon pushes on, to AE209---the first in a series of motions seeking to take death off the table as a punishment option.

In AE207, the government has asked for a pre-trial hearing regarding on various evidence. CDR Andrea Lockhart has in mind 167 pieces of physical evidence seized from or near the U.S.S. Cole, immediately ...

The Guantanamo lunch hour closes; the military commission resumes, court and counsel first turning their collective attention to some procedural odds and ends.  One item raised by Al-Nashiri’s Learned Co...

When recess ends, Kammen says he spoke with Al-Nashiri during the break.  For some reason---apparently there’s an unwritten rule about where the accused may stand---guards had then became agitated, becau...

It’s Al-Nashiri time, y’all.  The military judge, Army Col. James L. Pohl, calls the hearing to order.  The accused is here, along with his lawyers, save two: Capt. Daphne Jackson and Nancy Hollander (wh...

Your correspondent returns to Fort Meade, where Lawfare will take in a closed circuit broadcast, from Guantanamo, of pre-trial litigation in United States v. Al-Nashiri.   Throughout the day, we'll have ...

Here it is.  The remarks, by Chief Prosecutor Brig. Gen. Mark Martins, open thusly: Good evening.