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3/3 Session #1: Suppression, and SSCI Matters
Air Force Col. Vance Spath, the military judge, resumes proceedings. The question is what those proceedings will comprise, the docket having been winnowed greatly, both by yesterday’s unlawful influence... -
Al-Nashiri Motions Hearing: March 3 Session
Litigation resumes in one of Guantanamo's two capital military commission cases today at 0900; likewise the CCTV broadcast of the pre-trial session, which we'll follow from our little perch here at Fort ... -
3/2 Session #3: Odds and Ends
Motion AE319J is next. In it, the defense asks to postpone the government’s bid to admit hearsay, pending the Court of Military Commission Review’s (“CMCR”) resolution of an interlocutory appeal concerni... -
3/2 Session #2: How to Do Hearsay
The lunch hour comes to a close and we go back in the record in United States v. Al-Nashiri. What’s the way forward? We wonder, given Judge Vance Spath’s prior ruling on unlawful influence, which exc... -
3/2 Session #1: Unlawful Influence
The military judge, Air Force Col. Vance Spath, ascends the bench. Our proceedings return to order. And they begin with a bang: That is, with the court partially granting defense motion AE332, regardin... -
The Lawfare Podcast: HASC Hearing on Outside Perspectives on the AUMF
On Thursday of this week, Lawfare’s Benjamin Wittes and Bobby Chesney, along with General Jack Keane, appeared before the House Armed Services Committee to provide “Outside Perspectives on the President’... -
Consensus on the Way Forward for an ISIL AUMF
Even casual readers of this blog are likely aware of the longstanding (and thoroughly joined) debate between Ben and me with respect to how Congress ought to update / revisit the 2001 Authorization for t... -
The End of the United States' War in Afghanistan Requires Detainee's Release From GTMO
Such is this gist of this quite important Motion to Grant Petition For Writ of Habeas Corpus, filed last night by attorneys for Guantanamo detainee Mukhtar Yahia Naji al Warafi. His filing opens as foll... -
Yesterday's Abatement Order in the 9/11 Case
Yesterday, after determining Deputy Defense Secretary Robert Work's requirement that military commission judges live at Guantanamo Bay may improperly interfered with the case, Col. James Pohl halted pret... -
Problems with Cyber Arms Control
The New York Times has an editorial today, calling for an arms control effort in cyberspace. The Times effort is, honestly, a bit simplistic, as is its conclusion: The tougher challenge is on the global... -
HASC Testimony: Towards a Better AUMF
Prepared Testimony of Robert Chesney Charles I. Francis Professor in Law Associate Dean for Academic Affairs Director, Strauss Center for International Security & Law The University of Texas at Austin Be... -
HASC Testimony: An Alternative to the Administration's AUMF Draft
Prepared Statement of Benjamin Wittes Senior Fellow at the Brookings Institution before the House Committee on Armed Services
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