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The parties return for the afternoon session and Judge Spath begins by laying out his thinking on the previous motion seeking supervised telephone and Skype calls between Al-Nashiri and his family. In th...
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The developing story of the FBI’s impersonation of journalists is, in a way, really the story of Timberline high school in Washington State. In June of 2007 Timberline had received a series of bomb threa...
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In August I described a politically palatable AUMF against the Islamic State (IS). What was politically palatable in August is not necessarily politically palatable after three months of air strikes, ho...
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Hey GTMO fans: the estimable Matt Danzer's digests of yesterday's hearing in this capital Guantanamo military commissions case can be found below, and in our "Events Coverage" section.
Keep an eye on th...
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The commission returns from recess and prepares to consider AE 284 and 284L, a defense motion and supplement seeking to allow Al-Nashiri to hold supervised Skype calls with his elderly parents.
Before t...
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Military judge Vance Spath opens Wednesday’s motions proceedings with AE 181G, a defense request to reargue the underlying defense motion to remove the possibility of the death penalty for Al-Nashiri if ...
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It...is...on. At a press briefing today, President Obama declared three legislative priorities for the lame-duck Congress in the weeks ahead. One is to get an AUMF for ISIS:
Second, I'm going to begin en...
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The result is no surprise: Republicans now control both houses of Congress---or, at least, they will come January. I'll leave it to others to dissect how we should understand last night's electoral resul...
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A little programming note here, y'all: today marks the first of a two-day, pre-trial hearing in the military commission case of United States v. Al-Nashiri. But Lawfare unfortunately won't be in the hou...
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Brig. Gen. Mark Martins' remarks on the two-day pre-trial session, which commences today, can be found here. (Note that the hearing will proceed, despite the pendency of the United States' appeal of the...
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A very interesting development today with respect to the ongoing effort to complete the shut-down of US-administered military detention in Afghanistan:
As you may recall, we have long since ceased holdi...
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The D.C. Circuit has just issued a per curiam order denying the detainees' petition for an en banc rehearing in Hatim v. Obama.