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Counsel for Ali Hamza Suliman al Bahlul have filed a petition for a writ of certiorari with the Supreme Court appealing the October 2016 ruling by the U.S. Circuit Court of the District of Columbia sitti...
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The Freedom of Information Act’s Exemption 5 does not shield communications between U.S. agencies and foreign government agencies, the Sixth Circuit Court of Appeals held on Friday in Lucaj v. FBI.
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On Friday, March 24th, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings completed over the past week in the 9/11 case. His statement is also avai...
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Military judge Army Colonel James Pohl calls the commission to order at 8:59 AM, noting that none of the five detainees have chosen to attend this morning’s session. Prosecution team member Robert Swann ...
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Don’t look now, but the Justice Department has just responded to key themes Benjamin Wittes and I have been writing about in connection with President Trump’s oath of office.
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On Friday, Virginia U.S. District Judge Anthony J. Trenga upheld President Trump’s revised Refugee Executive Order (EO), ruling that the EO did not violate the Establishment Clause (see Josh Blackman’s d...
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On March 11, the Court of Military Commissions Review (CMCR)—the appellate court sandwiched between the military commissions and review at the D.C. Circuit court of appeals—issued a two-pronged order in ...
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We kick today’s session off as usual with attendance. Defendants Walid Bin’Attash, Mustafa al Hawsawi, and Khalid Shaikh Mohammad have all waived their right to be present at today’s sessions; only Ramzi...
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Anxious to kick off two weeks of pretrial hearings in the case against Khalid Shaikh Mohammad and fellow 9/11 defendants, military judge Army Colonel James Pohl gavels us in at 8:59am.
Among preliminary...
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The National Security Division of the Justice Department released several press releases last week—and surprisingly, none of the cases had a nexus to the Islamic State.
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It’s bright and early on a Thursday morning, and the military commission has reconvened for further pre-trial hearings in the Al-Nashiri case. After some preliminary matters, the commission turns to the ...
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As Presidents Trump and Xi prepare for their first meeting next month at Mar-a-Lago, most early attention has centered on tension points involving Taiwan policy, the South China Sea, North Korea and trad...
