MAJ Sterling Thomas, on behalf of Ammar al-Baluchi, argues AE93---in which Thomas and James Connell III ask the court to grant their client a brief, audiovisual communication.  Ammar al-Baluchi desires t...

AE55 is up next. In it, the defense jointly seeks the release of redacted versions of pleadings containing classified materials.

Ruiz takes a third stab at AE108, first by emphasizing the justification behind his proposal for overnight visits to his client’s detention center: the lawyer needs to determine sleeping patterns, other ...

Lunch is done.  David Nevin notes the absence of co-counsel, Gary Sowards; prosecutors remind us that all five accused remain voluntarily absent. We circle back to AE108, regarding the conditions of con...

We move now to AE108, a defense effort to inquire into the current conditions of the accuseds’ confinement.  Day-to-day life at the detention center is a subject for LCDR Walter Ruiz, Mustafa al-Hawsawi’...

A while back, I posted about a forthcoming article by Carlos Vázquez (Georgetown) and me on the relationship between Bivens remedies and state law, especially in national security cases.

Let us turn now to 13U---a defense motion to strike the protective order’s “testimonial notice” provision, paragraph 8(a)(1)(b). It’s an offensive little paragraph, according to al-Baluchi's lawyer, J.

We come to an expected vignette about yesterday’s brief audio and video blackout. Judge Pohl explains: the idea behind the forty-second delay is to prevent the disclosure of classified information.  But...

Do you know what time it is?  9:09 a.m., better known as resplendent-in-judicial-robes time.  Judge Pohl calls our session to order.  And it’s seemingly a court-and-counsel only affair; all five accused ...

The parties return, the defense having debated and then chosen a procedure for litigating AE80, regarding the preservation of evidence of any existing detention facility.  Before we really learn from KSM...

We’re back from lunch, with all parties present.   A procedural tidbit before beginning: we’re told that classified session will commence this afternoon at 3 p.m., likely in connection with motions relat...

The protective order, and J. Connelll III’s now-famous demonstrative slides, return to center stage.  The lawyer’s subject: the protective order's definition of “unauthorized disclosure.” The latter sug...