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2/19 Motions Session #3: Unlawful Influence
AE197 is up next. That’s the defense’s motion to dismiss for unlawful "command" influence. A gentle correction from the bench: the military judge suggests, and defense attorney Army Maj. Thomas Hurley ... -
2/19 Motions Session #2: Lawyer Stuff
This takes us to presence. Does Al-Nashiri understand his right to attend the proceedings, and the consequences that might flow from even a knowing and voluntary waiver of that right? After hearing the... -
2/19 Motions Session #1: In Which Al-Nashiri Opts to Keep His Learned Counsel
So does Al-Nashiri want to fire his Learned Counsel? That individual, attorney Richard Kammen, tells the military judge that he met with the accused for several hours Monday and Tuesday---and that lo, Al... -
Military Commissions, Conspiracy, and al-Iraqi
Over the weekend, I blogged over at Just Security about the al-Iraqi case pending before the military commissions at Guantánamo—and, in particular, Saturday’s New York Times story reporting that the gove... -
2/17 Motions Session #1: Does Al-Nashiri Want Different Defense Counsel?
The pretrial session commences in unremarkable fashion, with some additions to the prosecution and defense teams; a few new lawyers put their credentials on the record. But then comes this unforeseen de... -
Al-Nashiri Motions Hearing: February 17 Session
It's a snowy day here at the Fort Meade CCTV facility. Lawfare's in the house, for the first of this eight-day, pre-trial motions hearing in United States v. Al-Nashiri. Same format as always: dispatch... -
EU To US: Let Us In Now!
There’s diplomacy and then there is chutzpah. I have to think that the latest move by the European Union on the visa front is closer to the later than to the former. The EU has demanded that, within si... -
Radiolab on the History of the Glomar Response
This is one of the coolest half hours of national security radio I have heard in a long time. The excellent public radio show Radiolab---and reporter Julia Barton---have put together the story of where t... -
No “No Spy” Agreements?
President Obama on Tuesday affirmatively stated that the United States does not have any “no spy” agreements with other countries. Many journalists, scholars, and foreign officials have been laboring un... -
Aamer v. Obama and Boumediene Step Zero
At one level, the D.C. Circuit's decision this week in Aamer v. Obama on Guantanamo hunger strikes probably surprised nobody. As expected, the D.C. Circuit upheld the two district court decision to deny ... -
Homeland Confusion -- Reforming Congressional Oversight Of DHS
Last September, the Annenberg Public Policy Center (in conjunction with the Aspen Institute) released a Task Force report on Streamlining and Consolidating Congressional Oversight of the US Department of... -
DC Circuit Affirms Denial of Preliminary Relief in Hunger Strike Case---But Finds No Statutory Bar to Conditions Challenge
The panel's decision in the closely-watched case of Aamer v. Obama was handed down this morning. The majority opinion opens: TATEL, Circuit Judge: Petitioners Ahmed Belbacha, Abu Dhiab, and Shaker Aame...
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