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2/21 Motions Hearing #1: Hearsay, After the Fact
It’s on again, y’all. All parties are present, including Al-Nashiri. Yesterday, Judge Pohl explains, a Rule 505(h) hearing was held, regarding the parties' ability to make use of classified evidence in... -
Oral Argument Preview: Al Laithi v. Rumsfeld (Detainee Abuse Case)
Today D.C. Circuit Judges David Tatel, Janice Rogers Brown, and A. Raymond Randolph will hear oral arguments in Al Laithi v. Rumsfeld. -
Al-Darbi Arraignment Hearing #3: About The Deal
Life is the maximum possible penalty for the offenses charged, but Al-Darbi has entered into a pre-trial agreement---which the court now reviews with prosecution, defense, and accused. Again, we’ll exci... -
Al-Darbi Arraignment #2: Nuts and Bolts
With Al-Darbi’s guilty plea entered, we turn to the nuts and bolts for pleas under the Military Commissions Act and implementing rules---of which there are many. Given that numerosity, we’ll summarize t... -
Al-Darbi Arraignment #1: A Guilty Plea
The image is different on the Fort Meade screen: we see the rarely-used bench, inside Courtroom One at Guantanamo. (The 9/11 and Al-Nashiri cases, as y’all now, are conducted in Courtroom Two.) The mil... -
David Miranda Decision Gives Broad Scope to UK Detention Authority
As I noted in an earlier post, the UK High Court in an opinion by Lord Justice John Laws dismissed David Miranda’s suit challenging his detention by the Metropolitan Police at London’s Heathrow Airport o... -
2/19 Motions Session #8: More Jury Business
Our day concludes with a debate over AE173. -
2/19 Motions Session #7: Picking the Pool
n AE172, Richard Kammen challenges the Convening Authority’s power to select members of the military commission, come trial-time. (This incorporates some arguments from another filing, AE117, regarding ... -
2/19 Motions Session #6: Things Limburg, Part Two
Our prior motion challenged one charge relating to the attack on the Limburg---hazarding a vessel---and its status under international law. Our next one, AE174, takes a somewhat different tack. It compr... -
2/19 Motions Session #5: Things Limburg, Part One
It's boat time. Recall that Al-Nashiri is charged with playing a role in the attack on the M/V Limburg, a French-flagged oil tanker, in Yemen; the episode resulted in the death of a Bulgarian national, ... -
2/19 Motions Session #4: Subpoena Power
Aaaaand we’re back. In AE184, Al-Nashiri seeks the military judge’s assistance, in sending a subpoena to Jose Rodriguez pursuant to Rule 703. That’s the controversial former CIA officer and author of “H... -
2/19 Motions Session #3: Unlawful Influence
AE197 is up next. That’s the defense’s motion to dismiss for unlawful "command" influence. A gentle correction from the bench: the military judge suggests, and defense attorney Army Maj. Thomas Hurley ...
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