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10/24 #2: Massucco, On Direct and Cross
Ruiz returns to his chat with Massucco, who remains on the stand. The witness recalls a JTF inquiry into the February search, though he wasn’t involved in it personally. When Ruiz asks for additional d... -
10/24 Motions Session #1: Those Best Situated to Testify About a Search of Al-Hawsawi's Cell
The lights dim at Smallwood. There’s some grainy imagery here, some white noise there, as the military judge affixes his lapel mic and resumes the pretrial session at Guantanamo. Four accused are in th... -
Speaking the Law: Chapter 3
The Hoover Institution has released Chapter 3 of our serialized book: Speaking the Law: The Obama Administration’s Addresses on National Security Law. The Introduction and Chapter 1 came out in March. -
10/23 Motions Session #6: Reconsideration v. Compulsion
The gavel bangs. Argument on AE164 marches forward, with J. Connell III, Ammar al-Baluchi’s attorney, leading the defense’s broadside against the prohibition on defense motions for reconsideration, with... -
10/23 Motions Session #5: On the Reconsideration Bar, and Other Things
Our recess ends; the afternoon’s secrecy-stravaganza resumes. Now loose ends are tied, as defense counsel debate whether AE73-related motions, which were only moments ago submitted for resolution by the... -
10/23 Motions Session #4: Ex Par-Tay
Under discussion this afternoon: secrecy rules. The subject arises first in connection with AE73 D and G, defense bids to clarify or retract, respectively, a prior ruling. This affirmed the government’... -
10/23 Motions Session #3: CAT Wrap-Up
It’s Connell-time. Al-Baluchi’s attorney picks up with argument on AE200, and on the nexus between international law and classification law. (Again, his premise is that the military commission’s protect... -
10/23 Motions Session #2: CAT and Connell
James Connell III argues his client’s position with respect to AE200. That’s the defense’s attempt to have the case thrown out, or the death penalty removed as a punishment option, given an inconsistenc... -
10/23 Motions Session #1: Sounds and Vibrations
Trumpets sound, the flaming gong bangs, and a wave of applause overpowers Smallwood Hall, the CCTV facility at Fort Meade. It is here that we take in the sorta-live broadcast of pretrial proceedings in U... -
Thoughts on the Human Rights Watch and Amnesty International Reports
I have now read both of the two major human rights reports released yesterday on civilian casualties in drone strikes---one by Amnesty International on strikes in Pakistan and the other by Human Rights W... -
Oral Argument Recap: Al Janko v. Gates and the Meaning of "United States"
The fate of the case, Al Janko v. Gates, before the D.C. -
10/22 Motions Session #4: On the CAT, Part Three
The prosecutor Clay Trivett will rebut the defense’s opening argument on AE200---its bid to have the 9/11 charges dismissed, or to have the death penalty removed as a sentencing option, in light of restr...
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