I was going to post this morning about my bewilderment at President Obama's comments last night about "legal architecture" for the War on Terror, but as Jack noted, Josh Gerstein has already done so. And...

The President had this to say about issues of interest to readers of the blog: Obama: There are some things that we haven't gotten done.  I still want to close Guantanamo.  We haven’t been able to get th...

Bugs are Cheryl Bormann’s problem, along with mold and mildew---though perhaps, it seems, less of a problem than before.  She reports that the parties have settled their dispute about sanitary conditions...

James Connell III, lawyer for Ali Abdul Aziz Ali, has our biggest ticket item for the day: he wants a declaration regarding the Constitution’s application to military commission proceedings at Guantanamo...

The screen comes alive with James Connell III---who responds to the court’s pending inquiry, regarding material that isn’t subject to the government’s information privilege but that still comes within th...

Our fourth day commences, as expected, with presence matters. Prosecutor Robert Swann discharges what appears to be his recurring duty: establishing that the day’s two no-shows, Mustafa al-Hawsawi and R...

I somehow missed the D.C. Circuit habeas appeal of Guantanamo detainee Abdul Qader Ahmen Hussein, whose case is to be argued today. It appeals this decision from a year ago by U.S. District Judge Reggie ...

In his post on yesterday's decision in (what I think we should all call) Hamdan II, Jack writes "The historical arguments for a conspiracy charge in military commissions under the laws of war, while not ...

Chief Prosecutor Mark Martins has released these remarks regarding proceedings in the 9/11 case, today and yesterday.

We return, and KSM is ready to talk---through a translator. The red-bearded Baluch holds forth about “national security.”  The government told you, Judge Pohl, that you must consider national security, ...

We return refreshed from lunch, and discover that audio has been restored here at Smallwood.  There’s also this bit of news: Walid Bin Attash still isn’t coming to court today.  (There had been some spec...

Five brief thoughts on yesterday’s Hamdan decision: First, I am less confident than Steve and Ben that this opinion forecloses conspiracy claims in military commissions.  The historical arguments for a ...