Those who leak classified information violate their contracts, the public’s trust, and the law. As for those who publish the leaked information - it’s “complicated,” according to FBI Director James Comey...

Speaking of the Sulaiman Abu Gayth case in Judge Lewis Kaplan's courtroom in New York, check out this briefing.

For those interested in that order the other day by Judge Lewis Kaplan's giving defendant Sulaiman Abu Gayth access to KSM, here's the motion that led to it.

The last matter for the court this morning is AE 187, a defense motion seeking to move the location of the military tribunal from Guantanamo Bay, Cuba to Norfolk, Virginia. Commander Mizer, for the defe...

The next motion before the court is AE 181, a defense motion to dismiss the capital punishment referral for all the charges against Al-Nashiri on Due Process and Eighth Amendment grounds because he will ...

The morning's proceedings begin with a return to Al-Nashiri's alleged role in the attack on the French oil tanker the M/V Limburg in Yemen in October 2002. In AE 168, CDR Brian Mizer, counsel for Al-Nash...

The courtroom is nearly full at the DC Circuit Court of Appeals for oral arguments in Al Laithi v.

So what’s next?  A six-strong battery of defense attacks to various “aggravators”---allegations that, if endorsed by the panel after conviction, would call for a vastly greater measure of moral culpabili...

Here is Air Force Maj. Allison Daniels, presenting AE183. Her motion seizes on the lack of grand jury indictment in this capital military commission case.  That’s contrary to the Eighth Amendment, in the...

Before lunch, we were discussing the lack of narrowing provided by Rule for Military Commission 1004.  According to Al-Nashiri’s attorney, Richard Kammen, the rule broadens the availability of capital pu...