When the court returns from recess, the parties move into argument on AE277, the defense’s motion for a judicial order compelling an MRI of Al-Nashiri’s brain to determine if he has brain damage. The de...

Judge Spath begins today’s hearings noting that Al-Nashiri is not present. The court first hears testimony from the Guantanamo Staff Judge Advocate who had received Al-Nashiri’s waiver, Captain G, who wa...

Judge Spath then moves to AE 295, a defense filing and the penultimate item on the agenda.

In the final session for the day, Judge Spath announces he has come to a ruling on AE277.  This is the defense's bid for Al-Nashiri to have an MRI examination, presumably in order to unearth the damage w...

A reminder: Lawfare has digests of yesterday's pre-trial proceedings in United States v.

When the Court reconvenes, Major Tom Hurley begins argument on AE 280. In it, the defense requests that summaries of classified discovery be marked with more granular classification information.  Specifi...

The military judge, Air Force Col. Vance Spath, begins the morning's hearing in United States v. Al-Nashiri---his second on the case---by ruling on two pending motions. First, Judge Spath grants defense...

The FOIA Improvement Act of 2014 (S.2520) (“FIA”) sets out to make various tweaks to a key federal access to information statute, the Freedom of Information Act (“FOIA”).

The U.S. District Court for the District of Columbia has granted the government’s motion to dismiss Fawzi Khalid Abdullah Fahad Al Odah’s petition for a writ of habeas corpus and declaratory judgment in ...

If press accounts are correct, we will soon have the long-awaited Executive Summary of the Senate Intelligence Committee Report on the CIA detention program.  The report itself, which has not been submit...

CIA discovery---the subject of Judge Pohl’s ruling in AE120C, and a subsequent order on reconsideration---is still before us. In motion AE120BB, the defense seeks a timeline for getting its hands on such...