As is now familiar to everyone, rather difficult questions arise when we discuss the scope of the AUMF, the current scope of "al Qaeda," the meaning of "associated forces," and the circumstances under wh...

AE50, our day's last, is James Connell III’s request to compel the production of three witnesses. The first is Robin Maher, an attorney who helped to develop the ABA’s guidelines on capital cases---a le...

Your correspondent returns to Fort Meade's Smallwood Hall, for Lawfare's CCTV coverage of a second day of hearings in United States v. Mohammed et.

MAJ Sterling Thomas, on behalf of Ammar al-Baluchi, argues AE93---in which Thomas and James Connell III ask the court to grant their client a brief, audiovisual communication.  Ammar al-Baluchi desires t...

AE55 is up next. In it, the defense jointly seeks the release of redacted versions of pleadings containing classified materials.

Ruiz takes a third stab at AE108, first by emphasizing the justification behind his proposal for overnight visits to his client’s detention center: the lawyer needs to determine sleeping patterns, other ...

Lunch is done.  David Nevin notes the absence of co-counsel, Gary Sowards; prosecutors remind us that all five accused remain voluntarily absent. We circle back to AE108, regarding the conditions of con...

We move now to AE108, a defense effort to inquire into the current conditions of the accuseds’ confinement.  Day-to-day life at the detention center is a subject for LCDR Walter Ruiz, Mustafa al-Hawsawi’...

A while back, I posted about a forthcoming article by Carlos Vázquez (Georgetown) and me on the relationship between Bivens remedies and state law, especially in national security cases.

Let us turn now to 13U---a defense motion to strike the protective order’s “testimonial notice” provision, paragraph 8(a)(1)(b). It’s an offensive little paragraph, according to al-Baluchi's lawyer, J.

We come to an expected vignette about yesterday’s brief audio and video blackout. Judge Pohl explains: the idea behind the forty-second delay is to prevent the disclosure of classified information.  But...