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Very interesting and thoughtful comments over at Just Security by Marty Lederman on Justice Breyer's brief opinion in the Hussain cert denial the other day. Marty writes:
As Justice Breyer notes . .
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The court returns from recess and quickly puts off consideration of two defense motions---AE229 and AE230---seeking to compel information from the government pertaining to the training and certifications...
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The court briefly considers AE236, a defense motion seeking clarification or creation of process by which it may appeal denials of access to two classified government servers---the Joint Worldwide Intell...
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Not sure how I missed this, but a Periodic Review Board has recommended the transfer to Yemen of Guantanamo detainee Ali Ahmad Al-Razihi. The summary of its findings reports that the board found Al-Razih...
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The afternoon session gets started without Al-Nashiri in attendance. Learned Counsel Rick Kammen rises to press Lt. Hurley's case one last time that the defense should be able to question Dr. Crosby abou...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
