In his post on yesterday's decision in (what I think we should all call) Hamdan II, Jack writes "The historical arguments for a conspiracy charge in military commissions under the laws of war, while not ...

Chief Prosecutor Mark Martins has released these remarks regarding proceedings in the 9/11 case, today and yesterday.

We return, and KSM is ready to talk---through a translator. The red-bearded Baluch holds forth about “national security.”  The government told you, Judge Pohl, that you must consider national security, ...

We return refreshed from lunch, and discover that audio has been restored here at Smallwood.  There’s also this bit of news: Walid Bin Attash still isn’t coming to court today.  (There had been some spec...

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...