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New Seton Hall Study on Guantanamo Habeas Appeals
I only just noticed this new report by Mark Denbeaux, Jonathan Hafetz, and an extensive list of others at the Seton Hall University School of Law, entitled "No Hearing Habeas: D.C. Circuit Restricts Mean... -
The Persuasive General Alexander, and Why Critical Infrastructure Protection Regulation is . . . Critical
When Paul says that General Alexander’s response to Senator McCain’s letter over pending cybersecurity legislation is “unpersuasive,” I cannot tell whether Paul found it unpersuasive or whether he is ref... -
Why Did the Iraqi Prosecution of Daqduq Fail?
Yeesh. Yesterday I noted that Chairman McKeon's NDAA draft includes a "Daqduq rule" -- i.e., a provision requiring the Defense Department to notify Congress before transferring certain detainees held at... -
Significant Cyber Attacks on Federal Systems -- 2004-present
I received the list below (of "Significant Cyber Attacks" on Federal systems since 2004) from sources on Capitol Hill last week. After reading through it and checking the data, it seemed worth making th... -
The Next NDAA: An Overview of Detention-Related Provisions
HASC Chairman Buck McKeon today released a draft NDAA for FY '13, which will head to the full committee for markup on the 9th. The text of the bill as it currently stands is posted here, McKeon's announ... -
9/11 Arraignment #15: Mark Martins Press Statement
Chief Prosecutor Mark Martins gave the following statement to the press this morning: Chief Prosecutor Mark Martins Remarks at Guantanamo Bay 6 May 2012 -
9/11 Arraignment #14: Wherein We Actually Have an Arraignment
The defense’s question-and-answer session is finally done. When asked by the court, prosecutor Mark Martins quickly waives any challenge to the judge from the prosecution’s side. There’s a quick legal di... -
9/11 Arraignment #13: Getting Through These Challenges Has Been A Challenge
It’s nearly 5:00 pm when the court reconvenes, and everyone is exhausted. The day has been long and contentious, and we are not even 40 percent of the way through the questioning of the judge. Fortunatel... -
9/11 Arraignment #12: Bormann Questions Judge Pohl
Mohammed’s lawyer naturally isn’t the only one with questions for the court. Under the rules, each defendant is entitled to ask questions, and by the looks of it, every defense attorney in the courtroom ... -
9/11 Arraignment #11: Nevin Questions Judge Pohl
We have come now to the part of the hearing where the lawyers get to question Judge Pohl to see if they want to move to disqualify him. This turns into quite a marathon. Each of the defendant's legal tea... -
9/11 Arraignment #10: More Defense Qualifications
The pattern of defense lawyers’ injecting their concerns about the treatment of the detainees--and their access to them--into their own qualification colloquies continues through the other defense lawyer... -
9/11 Arraignment #9: Defense Qualifications Begin
Our arraignment programming then shifts to the qualifications of defense counsel, which, under commission rules, must be recited on the record. There are some rules-mandated inquiries between Judge Pohl ...
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