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On Circuits, Open and Closed
With lunch recess cancelled, we move swiftly to AE81, the defense motion to make commission proceedings available to other media outlets. Defense attorney Richard Kammen has modest desires for this moti... -
Wherein We Come to the Appointed Time to Debate the Appointments Clause
Again it is Reyes for the defense. His subject? The Convening Authority, the Constitution’s Appointments Clause, and the defense’s motion to dismiss on Appointments Clause grounds (AE87). The Conveni... -
Deep Down Inside, Does the Convening Authority Want to Be a Judge?
Defense attorney Lt. Cdr. Stephen Reyes is up first for AE86---the motion to withdraw the charges because of an improper referral by the Convening Authority. The issue is this, he says: ordinarily, the ... -
Today's Headlines and Commentary
There is an inordinately large amount of reporting coming out of Mali these days. Apparently news travels fast about the influence that Al Qaeda in the Magreb is playing in that country. -
A Gavel Bang, and Some Preliminary Matters
Judge Pohl bids good morning to our Guantanamo courtroom audience (and thus, indirectly, to those of us in the CCTV facility cheap seats). But wait: he’s not yet attired in his customary, authority-eman... -
We're Back: Al-Nashiri Motions Hearing, Day #3
Coming to you live from Guantanamo, via Fort Meade CCTV: the third day of the motions session in United States v. Al-Nashiri. As before, we'll have blog posts up in the "Events Coverage" section, with l... -
Statement from Mark Martins on Day #1 of Al-Nashiri Motions Hearing
Military Commissions Chief Prosecutor Mark Martins released a statement following the completion of yesterday's hearing in United States v. Al-Nashiri. -
Which Will Come Out First: The Law of War Manual Revision or the ICRC's New GC/AP Commentaries?
Given the track record of the Law of War revision project, smart money probably has to be on the ICRC, even with a 2015 estimate for the first volume in their new series (see here). Of course, both proj... -
CAAF Upholds Constitutionality of Military Jurisdiction Over Civilian Contractors
It's turned out to be a very big news day in national security litigation land... In addition to the extensive coverage of Aulaqi v. Panetta (to which I hope to add some thoughts of my own later tonight)... -
Marc Thiessen Asks. I Answer
Over at the AEIdeas blog, Marc Thiessen asks derisively: “Why is the ACLU suiting Panetta, Petraus over Awlaki Killing—But Not President Obama?” He writes: if it’s accountability they want, then why isn... -
Today’s Headlines and Commentary
As Ben and Bobby and Jack have already noted, big news from the ACLU and the CCR today. -
Aulaqi-Khan Lawsuit: The More You Litigate, the More You Legitimate
In Power and Constraint, I argued (in a chapter summarized here) that the Center for Constitutional Rights litigation strategy for GTMO garnered crucial judicial support for GTMO detentions that in the e...
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