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4/24 Motion Hearing #1: Dr. Sondra Crosby
The court begins Thursday's session with AE205K, a government request, opposed by the defense, that a witness be allowed to testify under a pseudonym. CDR Brian Mizer explains that this is a general obj... -
4/23 Motion Hearings #5: A Multiplicity of Charges
To close out the unclassified portion of the afternoon session, the court hears argument on AE231-234, all defense motions to dismiss charges for multiplicity. The defense first raises AE231, seeking di... -
New Draft Article, "The Fourth Amendment and the Global Internet"
I have a new forthcoming article that may be of interest to readers: The Fourth Amendment and the Global Internet, forthcoming in the Stanford Law Review. Here's the abstract: This article considers h... -
4/23 Motion Hearings #4: Still More Discovery & Jury Sequester
The court begins the afternoon session with quick consideration of one more defense discovery motion, AE226, seeking exculpatory information from a case in the Southern District of New York pertaining to... -
4/23 Motion Hearings #3: Discovery, Discovery, Discovery
The court returns from recess to consider two defense discovery motions, AE224, seeking information surrounding the facts and circumstances of the death of Abdul Aziz Bin Attash, and AE225, requesting fi... -
4/23 Motion Hearings #2: In Defense of Ex Parte Letters Rogatory
Next up is AE223A, a government response to a defense request that Judge Pohl authorize ex parte letters rogatory---essentially letters from the court to a foreign government seeking assistance in obtain... -
4/23 Motions Hearing #1: More Arguments Against Capital Punishment
Picking up on the tail end of Tuesday's arguments on capital punishment, the prosecutor CDR Andrea Lockhart says that the government is ready to argue AE212, a defense motion seeking to strike the prosec... -
DHS Unity of Effort
Big news over at the Department of Homeland Security. Now in its 11th year, the Department continues to be operationally disaggregated into its component parts, with little of the cross-cutting economie... -
Daniel Byman and My Article in Foreign Affairs on NSA
My Brookings colleague, sometime coauthor, and Lawfare's Foreign Policy Editor, Daniel Byman, and I have written a lengthy article Foreign Affairs, on NSA matters. -
4/22 Session #6: Reprisal
In AE222, the defense seeks to compel discovery into a possible reprisal defense to the terrorism charges against Al-Nashiri. By reprisal, Maj. Tom Hurley has in mind, in essence, a legal doctrine that ... -
4/22 Session #5: Lots of Reasons Not to Impose the Death Penalty
The afternoon pushes on, to AE209---the first in a series of motions seeking to take death off the table as a punishment option. -
4/22 Session #4: Chain of Custody Now, Chain of Custody Later
In AE207, the government has asked for a pre-trial hearing regarding on various evidence. CDR Andrea Lockhart has in mind 167 pieces of physical evidence seized from or near the U.S.S. Cole, immediately ...
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