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Wherein We Come to the Appointed Time to Debate the Appointments Clause
Again it is Reyes for the defense. His subject? The Convening Authority, the Constitution’s Appointments Clause, and the defense’s motion to dismiss on Appointments Clause grounds (AE87). The Conveni... -
Deep Down Inside, Does the Convening Authority Want to Be a Judge?
Defense attorney Lt. Cdr. Stephen Reyes is up first for AE86---the motion to withdraw the charges because of an improper referral by the Convening Authority. The issue is this, he says: ordinarily, the ... -
A Gavel Bang, and Some Preliminary Matters
Judge Pohl bids good morning to our Guantanamo courtroom audience (and thus, indirectly, to those of us in the CCTV facility cheap seats). But wait: he’s not yet attired in his customary, authority-eman... -
We're Back: Al-Nashiri Motions Hearing, Day #3
Coming to you live from Guantanamo, via Fort Meade CCTV: the third day of the motions session in United States v. Al-Nashiri. As before, we'll have blog posts up in the "Events Coverage" section, with l... -
Statement from Mark Martins on Day #1 of Al-Nashiri Motions Hearing
Military Commissions Chief Prosecutor Mark Martins released a statement following the completion of yesterday's hearing in United States v. Al-Nashiri. -
CAAF Upholds Constitutionality of Military Jurisdiction Over Civilian Contractors
It's turned out to be a very big news day in national security litigation land... In addition to the extensive coverage of Aulaqi v. Panetta (to which I hope to add some thoughts of my own later tonight)... -
Doh! No Public Session Today After All
From Guantanamo, this: today's proceedings will be 100% closed, and recess immediately afterwards. Open proceedings will resume tomorrow. -
No CCTV Feed During the Closed Session
That's the word from the technical folks here at Fort Meade, anyway. The hearing reportedly is underway, as of ten minutes ago - but, as expected, the topic under discussion is classified discovery. ... -
Habeas, Res Judicata, and Why the New Guantanamo MOU Is a Big Deal
Ben already posted last week about the new battle a-brewing over the "Memorandum of Understanding" (MOU) that the Department of Justice is apparently requiring counsel in the Guantanamo habeas cases to s... -
Whole Body Scanners, the Fourth Amendment, and the Administrative Procedures Act
Whole body scanners (also known as Advanced Imaging Technology or AIT) are those new millimeter wave and backscatter scanners that the Department of Homeland Security is deploying in airports around the ... -
Identify Your Experts, Please
For Kammen, the next defense motion, AE74, is all about saving government money and efficiency. The government has provided a database to the defense in discovery, the attorney tells the court. And these... -
How Many Forensic Psychologists Does it Take To Screw in a Light Bulb?
We’re back and taking up AO 77, the defense motion to compel the funding of another defense consultant, one Dr. Elizabeth Loftus, a forensic psychologist. (Government response (Part 1 of 6): here.
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