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Lawfare Podcast Episode #63: "Improving Critical Infrastructure Cybersecurity: The Cybersecurity Framework and Beyond"
On Tuesday, the Center for 21st Century Security and Intelligence at Brookings hosted a panel discussion evaluating the National Institute of Standards and Technology (NIST) Framework. As Paul noted last... -
2/21 Motions Hearing #10: Sequestration and Judicial Notice
There are two more significant motions up today, the first of which Navy Lt. Paul Morris presents ever briefly. In AE200, prosecutors have asked the court, in advance, not to exclude victims from seques... -
2/21 Motions Hearing #9: Aggravating
So what’s next? A six-strong battery of defense attacks to various “aggravators”---allegations that, if endorsed by the panel after conviction, would call for a vastly greater measure of moral culpabili... -
2/21 Motions Hearing #8: On Grand Juries and Global Norms
Here is Air Force Maj. Allison Daniels, presenting AE183. Her motion seizes on the lack of grand jury indictment in this capital military commission case. That’s contrary to the Eighth Amendment, in the... -
2/21 Motions Session #7: AE180, Part Two
Before lunch, we were discussing the lack of narrowing provided by Rule for Military Commission 1004. According to Al-Nashiri’s attorney, Richard Kammen, the rule broadens the availability of capital pu... -
2/21 Motions Hearing #6: AE180, Part One
AE180 is our motion. Richard Kammen presents it on Al-Nashiri’s behalf. The gist: the charges in this case shouldn’t have been referred capital, because the Military Commissions Act’s sentencing scheme... -
2/21 Motions Hearing #5: Hazarding a Vessel, and Perfidy, and Death
Debated now: AE176, a defense motion to knock out the capital referral of Hazarding a Vessel and Perfidy charges against the accused. -
2/21 Motions Hearing #4: Hamdan, Ex Post Facto
In AE201, the defense seeks “Hamdan” credit for Al-Nashiri’s period of confinement, and thus to invalidate military commission rules that bar the court from doing so after a sentence has been imposed. J... -
2/21 Motions Hearing #3: Death Formulas and Aggravators
The next stop on our little Ex Post Facto Tour 2014 is AE179. The defense theory here is roughly the same as earlier, but this time Al-Nashiri's lawyers focus on capital sentencing. In 2002, courts mar... -
Is (or Was) Ukraine in a Non-International Armed Conflict?
In the wake of Thursday’s violence, many press reports began to state that the violence in Ukraine was heading toward---or constituted---a civil war. See here, here, and here. The press was using this t... -
2/21 Motions Hearing #2: Death For Certain Offenses
Let’s push on to AE177, another Ex Post Facto motion. This time around, Mizer and company ask Judge Pohl to take the death penalty off the table, so far as concerns the offense of “intentional murder or... -
2/21 Motions Hearing #1: Hearsay, After the Fact
It’s on again, y’all. All parties are present, including Al-Nashiri. Yesterday, Judge Pohl explains, a Rule 505(h) hearing was held, regarding the parties' ability to make use of classified evidence in...
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