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October 16 Commission Session #2: On Fashion in the Courtroom
AE48 is our first motion, and its all about fashion---that is, the authority of the JTF commander to permit some of the defendants’ clothing choices, but to deny others. The dispute mercifully has narro... -
Three (Early) Observations on Judge Kavanaugh's Analysis in Hamdan
Raff already shared the news re: this morning's D.C. -
October 16 Commission Session #1: Housekeeping
Judge James Pohl returns the bench and calls the proceedings to order. Yesterday’s process all but foreordained our first matter: attendance. And consistent with the process announced yesterday, three ... -
D.C. Circuit Opinion in Hamdan
The D.C. Circuit Court's opinion that we've all been waiting for has come down. The D.C. Circuit has vacated Hamdan's conviction for material support for terrorism in the Military Commission and reversed... -
Motions Hearing in the 9/11 Case: October 16 Session
The week-long hearing in United States v. Mohammed et al. resumes today at 9 a.m. As always, look for not-quite-live dispatches throughout the day; the posts will be displayed in our Events Coverage sec... -
October 15 Commissions Session Statements from the Chief Prosecutor and KSM's Attorneys
Mark Martins, Chief Prosecutor for the military commissions, has issued a statement regarding today's proceedings in United States v. Mohammed et al. -
October 15 Commissions Session #6: The Accused Waive Their Rights to Attend
Our brief recess comes to a close. It appears Judge Pohl has drafted a series of possible questions regarding the accuseds’ intention to waive their presence rights. And yet despite earlier indications... -
Today's Headlines and Commentary
As Wells has been reporting from Ft. Meade, the mammoth motions hearing in United States v. Mohammed et al resumed today at Guantanamo Bay. -
October 15 Commissions Session #5: the Right to Be Present and the Obligation to Attend, Part Two
Lunchtime comes to a close; we thus return to presence and absence matters, and a few concluding remarks by defense counsel. Lawyers for KSM, al-Hawsawi and Bin Attash contribute a few comments. The la... -
October 15 Commissions Session #4: The Right to Be Present and the Obligation to Attend
Our next topic is presence. No, not the Led Zeppelin album by that name. The issue, raised by Judge Pohl and now addressed by the Chief Prosecutor, instead is whether, and under what circumstances, a war... -
The Significance of Panetta’s Cyber Speech and the Persistent Difficulty of Deterring Cyberattacks
Secretary of Defense Leon Panetta’s speech last week on cyber is more significant than has been reported. Most of the coverage focused on Panetta’s grave warnings about cyber threats facing the nation, ... -
October 15 Commissions Session #3: Wherein Conflicts Are Waived
We’re back from recess. But before we turn to the next motion---AE53, regarding a potential conflict of interest---Commander Walter Ruiz has another point about the motion that the court just took under...
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