Today promises only closed argument on the government's motion to have the military judge reconsider his order for extensive discovery into the CIA's RDI program.  (Open argument was held yesterday.)  We...

One of the nice things about major presidential speeches is that they often are occasions during which reporters separately get to grill unnamed "senior administration officials" for clarification.  So i...

We return from a recess-ette.  The parties quickly handle AE272, in which the defense asks the commission to replicate, in this case, a ruling entered in the 9/11 case.  Recall that in the latter, the FB...

Not a lot in President Obama's West Point speech that is new on Lawfare-related matters.

In AE13N, the defense seeks relief from the case’s protective order regarding national security information---in particular, permission for defense counsel in this commission case to draw on classified e...

Gabriel Schoenfeld, author of the indispensable Necessary Secrets, has a new essay in Hoover’s Emerging Threats series entitled “Secrecy, Leaks, and Selective Prosecution.”  He offers this description of...

It’s on---the open part of our proceedings, anyway.  Recall that court and counsel began their day already, some time earlier this morning, in a Role 505(h) session that has concluded.  The parties there...

Two interesting items today: Shane Harris has a look inside the FBI's efforts to track the Chinese hackers.  Here's the intro: "SolarWorld was fighting a losing battle. The U.S. subsidiary of the German...

Down at Guantanamo, pre-trial proceedings will resume this morning in the military commission case of United States v. Al-Nashiri.  As always, courtroom discussion will be piped to a closed-circuit viewi...