Picking up on the tail end of Tuesday's arguments on capital punishment, the prosecutor CDR Andrea Lockhart says that the government is ready to argue AE212, a defense motion seeking to strike the prosec...

In AE222, the defense seeks to compel discovery into a possible reprisal defense to the terrorism charges against Al-Nashiri. By reprisal, Maj. Tom Hurley has in mind, in essence, a legal doctrine that ...

The afternoon pushes on, to AE209---the first in a series of motions seeking to take death off the table as a punishment option.

In AE207, the government has asked for a pre-trial hearing regarding on various evidence. CDR Andrea Lockhart has in mind 167 pieces of physical evidence seized from or near the U.S.S. Cole, immediately ...

The Guantanamo lunch hour closes; the military commission resumes, court and counsel first turning their collective attention to some procedural odds and ends.  One item raised by Al-Nashiri’s Learned Co...

When recess ends, Kammen says he spoke with Al-Nashiri during the break.  For some reason---apparently there’s an unwritten rule about where the accused may stand---guards had then became agitated, becau...

It’s Al-Nashiri time, y’all.  The military judge, Army Col. James L. Pohl, calls the hearing to order.  The accused is here, along with his lawyers, save two: Capt. Daphne Jackson and Nancy Hollander (wh...

Your correspondent returns to Fort Meade, where Lawfare will take in a closed circuit broadcast, from Guantanamo, of pre-trial litigation in United States v. Al-Nashiri.   Throughout the day, we'll have ...

As Ben noted this morning, the Second Circuit has ordered the release of a redacted version of the OLC memorandum that justified the targeted killing of U.S. citizen Anwar al-Awlaki.

The Supreme Court this morning denied cert in the Guantanamo habeas case of Hussain v. Obama. A few weeks back, Marty Lederman flagged this case over the Just Security as likely to provoke at least one j...

The Chief Prosecutor issued this earlier this morning. Hello to all of you. Due to the Judge’s decision to take up the joint defense motion requesting he inquire into possible defense conflicts of inter...