Latest Docketing Order Unsealed in the 9/11 Case
As Ben noted, this week and next will see one whopper of a hearing in the 9/11 case - two, really, the first spanning August 22-24 and the second August 26-28.
Apropos, Judge James Pohl recently amended - for the second time - the list of issues that will be under discussion during the hearings, and the order in which they will be discussed. The second "amended docketing order," as the list is known, has been unsealed.
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As Ben noted, this week and next will see one whopper of a hearing in the 9/11 case - two, really, the first spanning August 22-24 and the second August 26-28.
Apropos, Judge James Pohl recently amended - for the second time - the list of issues that will be under discussion during the hearings, and the order in which they will be discussed. The second "amended docketing order," as the list is known, has been unsealed. It can be found here.
You'll see that Pohl's trimmed the agenda ever so slightly---apparently on his own initiative. The court's second amended docketing order sets forth 25 items, one less than the 26 Pohl had enumerated the last time around. And the sequence is a bit different this time, too. For example, the defense's motion to recognize that the Constitution governs military commissions (AE57), has moved up a few places on the court's list, and now will be considered sixth.
Still not on the schedule for the upcoming session: Judge Pohl's inquiry as to why the cases should not be tried separately.
Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.
