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The commission is called to order. The accused are with us here, save two: Mustafa Al-Hawsawi and Ammar Al-Baluchi. Did the latter two men waive, knowingly and voluntarily, their rights to attend? Afte...
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A few years ago, when my then-research assistant Zaahira Wyne and I were trying to analyze what sort of people really made up the Guantanamo population---research that eventually went into both Chapter 3...
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It is a homecoming of sorts here at Fort Meade. The Manning trial is again on pause; thus your correspondent and scattered press folks have decamped from Burba Cottage and returned to Meade's Smallwood ...
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The following is a guest post from Jeff Powell, a Professor of Law at Duke University School of Law. He twice served in the Justice Department's Office of Legal Counsel, as Deputy Assistant Attorney Gen...
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Remember CAPT Thomas Welsh, the Staff Judge Advocate at GTMO? He is our next witness, appears in person, and is questioned by KSM lawyer David Nevin. Welsh had about three months’ experience at the camp...
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Prosecutor Edward Ryan will cross-examine Admiral David Woods, once JTF-GTMO’s commanding officer (whose testimony is relevant, among other things, to the defense’s efforts to dismiss the case on defecti...
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Life is restored to our CCTV screen here at Burba Cottage---thus signaling a return to open proceedings. The accused are back in the courtroom. What about our recent Rule 505(h)? There was no cut in t...
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As the Supreme Court's October 2012 Term enters its climactic closing week, I've been thinking a lot about the most important national security decision of the Term--the 5-4 February 26 decision in <
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In testimony before the Senate Judiciary committee yesterday, outgoing FBI Director Robert Muller acknowledged that his agency uses drones to conduct surveillance within the United States in a "very, ver...
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We would hear the gavel bang, but there doesn’t appear to be a gavel inside the Expeditionary Legal Complex courtroom. At any rate, the military judge, Army Col. James Pohl, ascends the bench and calls ...
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At approximately 0900, Lawfare will continue its coverage of pretrial proceedings in the 9/11 military commission case.
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For those readers who haven't noticed, Lawfare has been experiencing significant technical difficulties over the past 36 hours---intermittent outages ranging from a few minutes to, in a couple of cases, ...