Having lost the reconsideration motion, the defense then marches onward - nominally, to the defense’s next motion, AE42, its request to extend deadlines to submit a defense theory of the case under MCRE ...

The court next turns to the issue, which it heard a couple of months ago, of whether it has the authority to hear a defense motion to reconsider any decision to accept Rule 505 evidence substitutions. Th...

The hearing begins again at 9:18. Judge Pohl enters and announces that he has held a meeting in chambers with counsel to discuss letters rogatory, which he will discuss on the record later. The other iss...

Notwithstanding the Lawfare love-in, I'm a bit troubled by one of the threads that appeared to emerge from the argument in Nashiri over whether conspiracy is a recognized violation of the laws of war.  B...

Pardon the interruption from the wall-to-wall Nashiri coverage, but before it disappears too far into the past, I wanted to flag United States v. Ali--a case in which the Court of Appeals for the Armed F...

Brig. General Mark Martins released the following statement after today's hearings: Chief Prosecutor Mark Martins Remarks at Guantanamo Bay on 11 April 2012

The day’s final issue is a logistical one. In its motion AE56, the Government asks to take some depositions in Yemen. Judge Pohl has some hesitation here, and says as much. He nevertheless asks for clari...

Break's over, y'all. It’s Bill of Attainder time at Guantanamo. Paradis begins this longest of long-shot motions by identifying his legal view of the federal ban on bills of attainder. The ban’s essence...

Next up are AE 49 and AE 51--the defense’s two broadsides against the charge of terrorism as a war crime. Paradis says that this offense, like conspiracy, lies beyond the jurisdiction of the commission a...

Well, the prosecution and defense don’t agree about much--but they both love Lawfare. Judge Pohl turns next to defense motion AE 048, which argues that conspiracy is not a valid charge before a commissi...

Over @ SSRN, Carlos Vazquez and I have posted our forthcoming article on "State Law, the Westfall Act, and the Nature of the Bivens Question After Minneci v.