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Our first argued motion is AE142, a defense bid to prevent Al-Nashiri from being from removed from the courtroom during a closed session. Rising in support of it is Maj Allison Danels, who notes the com...
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Wells already flagged yesterday's news re: General Martins' apparent skepticism about the availability of conspiracy and military commission charges in future military commission cases (at least those br...
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At 9:05, the military judge takes the bench. The mic is affixed. “Is this on?” Yes, it is.
All parties are present, including the accused---whose attendance moots the need for any voluntariness discus...
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We are back at Fort Meade, ready to cover today's almost live motions hearing in United States v. Al-Nashiri. The festivities will begin at 0900. Read our coverage of yesterday's hearings here.
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Five years ago today, the Supreme Court handed down its 5-4 decision in Boumediene v. Bush, holding that the Constitution's Suspension Clause "has full effect" at Guantánamo Bay, and that the review sche...
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Since we’re already talking about the subject, the defense dives right into AE141, its motion on the Prudential Search Requests (PSR) process employed by prosecutors. Al-Nashiri’s newest defense counsel...
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Before the podium stands Richard Kammen, Al-Nashiri’s lead lawyer. His chosen subject is AE143, a defense motion to compel discovery of exculpatory information the government previously furnished to Al-...
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In AE109, Al-Nashiri’s lawyers ask Judge Pohl to take judicial notice that the Sixth Amendment’s Confrontation Clause applies to military commissions.
As a general matter, says Kammen, the rule is that ...
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Lunch recess comes to a close and the commission is again called to order. Before moving to our next docket item, Kammen identifies his pending expert requests. Then he registers another complaint abou...
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On to the discipline of Defense-Initiated Victim/Survivor Outreach, or DIVO (AE107). Kammen and crew seek funding for two DIVO liaisons. In prior proceedings, Judge Pohl asked to hear more about DIVO ...
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Defense lawyer Richard Kammen speaks about AE27L---a motion to enforce compliance with a commission order, so far as concerns spiral notebooks, eyeglasses, writing utensils, eyeglasses and similar items ...
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Aaaaaand we’re back. AE149 is up next. It’s a motion to compel, regarding witnesses to certain alleged monitoring---specifically, electronic monitoring of attorney-client meetings at Echo II, where det...
