We’re back from lunch.  How shall we proceed? The Chief Prosecutor, Brig. Gen. Mark Martins, proposes beginning with a motion to compel, AE167, before moving on to, among other things, argument on AE120...

Many different motions get batted around during the pre-lunch period, but only two take up substantial argument time.  (The remainder---among other things, AE120, regarding the prosecution’s proposed cha...

In our next item, AE149, the defense seeks the return of computer hard drives and DVDs.  These contain information---discovery and materials KSM and company prepared themselves--- generated during the ol...

A video hookup beams the testimony of our next witness, Principal Deputy Chief Defense Counsel Bryan Broyles, from Rosslyn, Virginia, to Guantanamo’s Expeditionary Legal Complex---and thus also to the Fo...

Sox and Cards gear donned, game faces on, the parties and military judge reconvene.  Lo and behold, four of the five accused are in the courtroom, the sole absentee being Mustafa Al-Hawsawi.  He is so la...

Remember the possibility, raised earlier in the week, of stipulations regarding Al-Hawsawi’s language capability, during the case’s pre-referral phase?  Ruiz brings the matter up once more, having in min...

Lunch is done.  The buffet and fixin’s are put aside here at Smallwood, as attention returns to the CCTV screen, and CDR George Massucco once more in the witness stand.

Ruiz returns to his chat with Massucco, who remains on the stand.  The witness recalls a JTF inquiry into the February search, though he wasn’t involved in it personally.  When Ruiz asks for additional d...

The lights dim at Smallwood.  There’s some grainy imagery here, some white noise there, as the military judge affixes his lapel mic and resumes the pretrial session at Guantanamo.  Four accused are in th...

Big news out of the Second Circuit today: a three-judge panel has affirmed the conviction and life sentence of Ahmed Ghailani, for his role in the U.S.

As part of our work on a chapter for an upcoming book on Madisonian thought and contemporary public policy, Ben and I wrote this piece for Security States about James Madison's vacillations on executive ...

The gavel bangs.  Argument on AE164 marches forward, with J. Connell III, Ammar al-Baluchi’s attorney, leading the defense’s broadside against the prohibition on defense motions for reconsideration, with...