Latest in Criminal Justice & Rule of Law
Published by The Lawfare Institute in Cooperation With 
-
10/23 Motions Session #5: On the Reconsideration Bar, and Other Things
Our recess ends; the afternoon’s secrecy-stravaganza resumes. Now loose ends are tied, as defense counsel debate whether AE73-related motions, which were only moments ago submitted for resolution by the... -
10/23 Motions Session #4: Ex Par-Tay
Under discussion this afternoon: secrecy rules. The subject arises first in connection with AE73 D and G, defense bids to clarify or retract, respectively, a prior ruling. This affirmed the government’... -
10/23 Motions Session #3: CAT Wrap-Up
It’s Connell-time. Al-Baluchi’s attorney picks up with argument on AE200, and on the nexus between international law and classification law. (Again, his premise is that the military commission’s protect... -
"For the Rest of Time" -- Really?
How long will the enhanced security state in America last? Apparently, some think it will be "for the rest of time." That has to be wrong. As readers of this blog know, I live on Capitol Hill and walk... -
10/23 Motions Session #2: CAT and Connell
James Connell III argues his client’s position with respect to AE200. That’s the defense’s attempt to have the case thrown out, or the death penalty removed as a punishment option, given an inconsistenc... -
10/23 Motions Session #1: Sounds and Vibrations
Trumpets sound, the flaming gong bangs, and a wave of applause overpowers Smallwood Hall, the CCTV facility at Fort Meade. It is here that we take in the sorta-live broadcast of pretrial proceedings in U... -
FISC: Yahoo Can Review Court Submissions Pre-Publication
As Yahoo News reports,the Foreign Intelligence Surveillance Court has published an order granting Yahoo and the government's joint motion to allow Yahoo pre-publication access to FISC documents after dec... -
Oral Argument Recap: Al Janko v. Gates and the Meaning of "United States"
The fate of the case, Al Janko v. Gates, before the D.C. -
10/22 Motions Session #4: On the CAT, Part Three
The prosecutor Clay Trivett will rebut the defense’s opening argument on AE200---its bid to have the 9/11 charges dismissed, or to have the death penalty removed as a sentencing option, in light of restr... -
10/22 Motions Session #3: On the CAT, Part Two
And … we’re back. Ever briskly, court and counsel discuss a recently reached factual stipulation regarding expected testimony from CDR Jennifer Strazza, whom the defense had sought in connection with se... -
10/22 Session #2: On the CAT, Part One
We thus turn from legal bins to docketed items, and in particular, to AE200: that’s a defense motion to toss out the charge sheet, in light of alleged inconsistencies between a protective order meant to ... -
10/22 Motions Session #1: If You Would Please Stop Searching Our Legal Bins, Thanks
The beginnings of a Maryland autumn can be discerned outside Fort Meade’s Smallwood Hall. Inside, the by-now familiar CCTV screen comes to life and displays an empty judicial bench, the Joint Task Force...
Topics
