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We’re back and taking up AO 77, the defense motion to compel the funding of another defense consultant, one Dr. Elizabeth Loftus, a forensic psychologist. (Government response (Part 1 of 6): here.
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Kammen shifts to his reimbursement motion, AE 76. In particular, defense counsel wants to add a sixth, civilian paralegal to Al-Nashiri’s defense team. That person would be paid on an hourly basis, perf...
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Judge Pohl next takes up AO 82, the defense motion to force the Convening Authority to fund a consultant, Nancy Hollander, to aid the defense on matters related to national security law. (Government resp...
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The next issue, Judge Pohl announces, is the group of motions surrounding discovery: AO 76, AO 77, AO 85, AO 82, and AO 74.
They start with AO 82, which seeks an accounting of prosecutorial resources.
...
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Ben and Wells are sitting pretty at Fort Mead, so the office is eerily quiet and un-stoked today.
The Senate expects (or at least the Democrats in the Senate expect) that they will take up a revised ver...
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Lt. Cmdr.
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Daniel Cahen, the Legal Advisor to the ICRC's Regional Delegation for the United States and Canada, responds to my original post on Syria/LOAC with the following guest post:
The publication of an intervi...
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The disqualification and technical issues resolved---and Judge Pohl suddenly audible---the judge and parties move briskly to the next issue: the notice of Michel Paradis’ “undetailing” from the case (AE8...
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Gabor Rona responds to my earlier post (and Kevin Heller's reply) on Syria and LOAC:
1) I agree fully with Kevin. And let me know if I've misunderstood anyone here, but my understanding of the historic ...
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And we’re back, the return to proceedings marked by plenty of loud noises from Judge Pohl’s microphone--with which he is fiddling.
When he speaks, he is hard to understand, but he's clearly ruling on th...
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Ah-ha! Kammen says in reply: The prosecutor failed to mention the Supreme Court’s Massey case---the controlling precedent here, in Kammen’s view. Under that case, the party seeking recusal need not show...
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Commander Andrea Lockhart rises for the prosecution. She wants respond to what she calls the defense’s innuendo and conjecture. The defense has not put forth a legal reason for recusal or disqualificati...