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We return from a recess-ette. The parties quickly handle AE272, in which the defense asks the commission to replicate, in this case, a ruling entered in the 9/11 case. Recall that in the latter, the FB...
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Action resumes at the Expeditionary Legal Complex, Courtroom Two. Army Col. James Pohl, the military judge, calls the proceedings once more to order.
The defense, in AE267B, makes a due process argumen...
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Not a lot in President Obama's West Point speech that is new on Lawfare-related matters.
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In AE13N, the defense seeks relief from the case’s protective order regarding national security information---in particular, permission for defense counsel in this commission case to draw on classified e...
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Gabriel Schoenfeld, author of the indispensable Necessary Secrets, has a new essay in Hoover’s Emerging Threats series entitled “Secrecy, Leaks, and Selective Prosecution.” He offers this description of...
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It’s on---the open part of our proceedings, anyway. Recall that court and counsel began their day already, some time earlier this morning, in a Role 505(h) session that has concluded. The parties there...
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Two interesting items today:
Shane Harris has a look inside the FBI's efforts to track the Chinese hackers. Here's the intro: "SolarWorld was fighting a losing battle. The U.S. subsidiary of the German...
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Michael Kinsley, in his review of Glenn Greenwald’s book, made the following claims about leaks of national security secrets:
The question is who decides.
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The Chief Prosecutor at Guantanamo, Brig. Gen. Mark Martins, had this to say on the eve of a pre-trial motions hearing in United States v. Al-Nashiri---which commences tomorrow, and which Lawfare will co...
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Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan. Assuming that the winner of the Afghan presidential election will i...
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One frequently sees the claim that CIA drone operations should be handed over to the military because the military is more transparent. I have frequently disparaged that argument, not because the CIA is ...
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Made available today: a letter from Senators Dianne Feinstein and Carl Levin, which was sent to President Obama in January of this year and urged him to speed things up in the 9/11 case---chiefly by decl...
