One  last post on Hurricane Sandy.  President Obama seems to get it even if the New York Times doesn't. As he said on Monday: The most important message that I have for the public right now is, please li...

I guess the NY Times op-ed has me a bit worked up.  So I went and did a bit more digging around on the basic question of whether or not Big Storms Require Big Government.  Here's what I learned today.  F...

I do not normally share Ben's disdain for the New York Times editorial page.  They are who they are and you know what you are going to see on their page before the publish it.  But today's editorial on H...

Thanks to an unexpected pair of days off, I've finally had the chance to review Judge Bates's October 19 rulings in Al-Maqaleh v. Gates ["Al-Maqaleh II"] and Hamidullah v. Obama. As readers know, these a...

Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty Inte...

The official word from Guantanamo: our motions hearing has been cancelled on account of Hurricane Sandy.  We'll have an update once we know more about future sessions.

Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of t...

Lawfarers, it appears the day's proceedings have been postponed on account of deteriorating weather conditions at Guantanamo---and might even be cancelled outright.  We're thus in a holding pattern, as t...

Chief Prosecutor Mark Martins last night issued this statement regarding the progress to date in this week's motions hearing in Al-Nashiri.

Apropos of the Convening Authority’s powers, we come now to the defense's request to dismiss the case because that officer exceeded his authority, in referring charges against Al-Nashiri (AE104).  How, e...

The court has returned from lunch, which was followed by a quick Rule 802 conference.  Per that discussion, Judge Pohl will defer consideration of AE118, a motion to compel, in addition to the secrecy mo...

The government has filed its brief in Hamad v. Gates, an appeal to the United States Court of Appeals for the Ninth Circuit.  Like Al-Nashiri v.