We’re back from lunch, with all parties present.   A procedural tidbit before beginning: we’re told that classified session will commence this afternoon at 3 p.m., likely in connection with motions relat...

Alan Backstrom and Ian Henderson have a new draft working paper at SSRN, "New Capabilities in warfare: an overview of contemporary technological developments and the associated legal and engineering issu...

The protective order, and J. Connelll III’s now-famous demonstrative slides, return to center stage.  The lawyer’s subject: the protective order's definition of “unauthorized disclosure.” The latter sug...

We begin with AE20, regarding the time for the defense to respond to government motions.  The court thinks its moot. Bormann is back, and doesn’t touch AE20’s mootness.  Instead she pushes forward with ...

We turn to the motions set for argument on the amended docketing order---or, rather, to the order in which those motions will be argued.  (The docketing order didn't do that?) It turns out that we won’t ...

The hour arrives, and our hearing begins.  There’s Judge Pohl, looking resplendent as always in his judicial robes.   All five accused are present in the courtroom, though not all of their lawyers are.  ...

The Brookings Institution has released the following video, in which I offer some thoughts on the accuracies and inaccuracies of Zero Dark Thirty.

The Supreme Court recently agreed to hear an important case concerning the government’s foreign affairs powers, Bond v.

Ben's analysis of Charlie Savage's article on the Chief Prosector prompts this reminder: tomorrow at 9 a.m., Lawfare returns to Smallwood Hall for closed-circuit, piped-in-from-GTMO hearings in the 9/11 ...