Five brief thoughts on yesterday’s Hamdan decision: First, I am less confident than Steve and Ben that this opinion forecloses conspiracy claims in military commissions.  The historical arguments for a ...

KSM’s presence is upon us---that is, both KSM himself, and his rights under the Military Commissions Act.  He’s in the courtroom, camouflage vest and all, and Mark Martins wants Judge Pohl to confirm tha...

We pick up where yesterday left off---with the ACLU’s Hina Shamsi, who continues her First Amendment-based challenge to the government’s proposal for an order protecting certain national security informa...

It wouldn’t be a military commission without some preliminary matters, the first of which is attendance.  (No surprise here: the court’s approach to the issue requires a brief inquiry at the commencement...

In cybersecurity circles I often hear that firms are increasingly taking matters into their own hands in the face of cyber-exploitations or cyber-attacks by taking retaliatory steps against the computer ...

We're back at Smallwood Hall here at Fort Meade, where we'll take in a third day of piped-in-from-GTMO hearings in United States v. Mohammed et al.

I largely agree with Steve’s excellent post on the D.C. Circuit’s Hamdan decision today. In particular, and most importantly, I agree that the logic of the opinion strongly indicates that military commis...

Onward with the topic of the day: the government's proposed protective order.  Here to challenge it on First Amendment grounds are David Schulz and Hina Shamsi. Schulz appears on behalf of 14 news organ...

The technical goof apparently is resolved, so discussion picks up once more. James Connell III continues with defense security officer matters.  He thus reviews with Judge Pohl, closely, what the duties...

The sound of the gavel is really two sounds at once: that of restarting proceedings in United States v. Mohammed et al., and that of the dorkosphere quickly digesting, and already debating, today’s rulin...

The drum roll sounds and we move to the day’s most anticipated issue: the government’s proposal for an order protecting classified national security information---in particular, the prosecution’s recent ...