[UPDATE: A reader points out that when discussing this subject back in 2011, the question had arisen as to whether this was indeed the best reading of 2339B(d) for the 1996-2004 period.  I had responded ...

In his post on yesterday's decision in (what I think we should all call) Hamdan II, Jack writes "The historical arguments for a conspiracy charge in military commissions under the laws of war, while not ...

Chief Prosecutor Mark Martins has released these remarks regarding proceedings in the 9/11 case, today and yesterday.

We return, and KSM is ready to talk---through a translator. The red-bearded Baluch holds forth about “national security.”  The government told you, Judge Pohl, that you must consider national security, ...

We return refreshed from lunch, and discover that audio has been restored here at Smallwood.  There’s also this bit of news: Walid Bin Attash still isn’t coming to court today.  (There had been some spec...

Five brief thoughts on yesterday’s Hamdan decision: First, I am less confident than Steve and Ben that this opinion forecloses conspiracy claims in military commissions.  The historical arguments for a ...

KSM’s presence is upon us---that is, both KSM himself, and his rights under the Military Commissions Act.  He’s in the courtroom, camouflage vest and all, and Mark Martins wants Judge Pohl to confirm tha...

We pick up where yesterday left off---with the ACLU’s Hina Shamsi, who continues her First Amendment-based challenge to the government’s proposal for an order protecting certain national security informa...

It wouldn’t be a military commission without some preliminary matters, the first of which is attendance.  (No surprise here: the court’s approach to the issue requires a brief inquiry at the commencement...

I largely agree with Steve’s excellent post on the D.C. Circuit’s Hamdan decision today. In particular, and most importantly, I agree that the logic of the opinion strongly indicates that military commis...

Onward with the topic of the day: the government's proposed protective order.  Here to challenge it on First Amendment grounds are David Schulz and Hina Shamsi. Schulz appears on behalf of 14 news organ...

The technical goof apparently is resolved, so discussion picks up once more. James Connell III continues with defense security officer matters.  He thus reviews with Judge Pohl, closely, what the duties...