Break's over, y'all. It’s Bill of Attainder time at Guantanamo. Paradis begins this longest of long-shot motions by identifying his legal view of the federal ban on bills of attainder. The ban’s essence...

Next up are AE 49 and AE 51--the defense’s two broadsides against the charge of terrorism as a war crime. Paradis says that this offense, like conspiracy, lies beyond the jurisdiction of the commission a...

Well, the prosecution and defense don’t agree about much--but they both love Lawfare. Judge Pohl turns next to defense motion AE 048, which argues that conspiracy is not a valid charge before a commissi...

Over @ SSRN, Carlos Vazquez and I have posted our forthcoming article on "State Law, the Westfall Act, and the Nature of the Bivens Question After Minneci v.

The commission convenes against at 2:10 pm for a surprise extra argument. Judge Pohl begins by saying that if either party wants to put on the record material from the in-chambers meeting yesterday, the...

Judge Pohl then announces that he wants to switch gears and deal with Rule 505 and closure issues now. The government, he asks prosecutor Joanna Baltes, wants an in camera hearing to talk about whether t...

Before we tell you about the outpouring of love that Lawfare is getting at the Nashiri hearings (stay tuned for that!), we've a bunch of other matters to report. The court now turns to the first of the ...

Following his non-resolution of the conflicts issue, Judge Pohl announces a kind of schedule for the hearing. He will, he says, begin with the constitutional issues, then handle discovery issues, then co...

Military Judge Col. James L. Pohl opens the hearing at around 9:10 am announcing that Brig. General Mark Martins, the chief prosecutor for military commissions, has joined the prosecution table.

We’re back in the dark room staring at a wall. The Wall today is playing host to the Al-Nashiri marathon--a three day orgy of pre-trial motions on everything from shackling to the history of conspiracy a...

In earlier posts I’ve written generally about the information sharing provisions of the Lieberman-Collins cybersecurity bill and the McCain bill.  Today I want to continue drilling down in comparing the ...

To the list of significant motions to be argued tomorrow during the motions hearing in Al-Nashiri, add this: the defense’s contention that the charge of conspiracy is beyond the commission’s jurisdiction...