Splayed across the front page of the Washington Post this morning is the headline "U.S.

The ongoing rain has not stopped a crowd from gathering at the ELC.  Among them is the accused, Abd Al Rahim Hussayn Muhammad Al-Nashiri---with whom the court wishes to speak about his right to be presen...

A few months ago, Jack posed an interesting question: Whatever happened to the Periodic Review Board (PRB) system for Guantanamo detainees that the president created in his executive order? In March 2011...

AE99 is next on our agenda.  It asks whether, and under what circumstances, Al-Nashiri may waive his right to attend pretrial proceedings in this capital case.  (There are also related motions, including...

Judge Pohl calls our proceedings to order, and notes Al-Nashiri’s absence. That prompts Prosecutor Anthony Mattivi to make his record.  The lawyer asks his witness, our by-now-familiar-from-last-week-bu...

Chief Prosecutor Mark Martins last night released a statement regarding this week's hearing in United States v. Al-Nashiri.  It begins as follows: Tomorrow, the military commission convened to try the ch...

There were basically none. No discussion of Guantanamo, of habeas, of the NDAA, of interrogation, of military commissions, of targeted killing---and only the most cursory mention of drone strikes. This i...

Last week I asked whether per se opposition to military commissions was in the GTMO detainees best interests, where their “interests” were defined as “(a) maximizing [the detainees’] procedural rights, a...

I've recently completed a short (10-page) draft meant to serve as a primer on key domestic law questions associated with computer network operations.  The paper will be published as part of the proceedin...

I was out of the country last week and missed the opportunity to weigh in promptly on the Hamdan decision.  In reading the reactions, I have noted that many human rights and civil liberties groups have i...

On Friday, Captain Jason Wright, an attorney for Khalid Sheikh Mohammed, released the following statement about the most recent round of hearings in the 9/11 case: PRESIDENT OBAMA RESTATES DESIRE TO CLOS...

Chief Prosecutor Mark Martins last night released this statement regarding the week-long hearing in United States v. Mohammed et al.  It begins as follows: Today was the last of five days of pre-trial se...