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Commander Andrea Lockhart rises for the prosecution. She wants respond to what she calls the defense’s innuendo and conjecture. The defense has not put forth a legal reason for recusal or disqualificati...
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Kammen turns from the questions he would have asked to the substance of his motion for Judge Pohl’s recusal and disqualification - specifically, to whether Judge Pohl's retirement benefits pose a conflic...
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Learned Counsel Richard Kammen starts the disqualification rodeo with a request to ask additional voir dire questions of the court.
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The hearing begins at 8:59 am, when Military Judge James Pohl walks into the courtroom, resplendent in his black robes. He looks the picture of justice itself, and he's all ready to hear . . . a motion t...
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At this week's Al Nashiri military commission motions hearing, we're going to try something new. The blow-by-blow coverage we have been doing in the past has gotten a little bit overwhelming, both to pro...
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Here’s your off-the-cuff read-out of this morning’s hearing before U.S. District Judge John Bates in Al-Maqaleh v. Gates and Hamidullah v. Obama, better known as the “can we get a little GTMO-style habea...
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In today's Washington Post, the paper reports that the United States has missed a statutory deadline of July 1, 2012 that required the government to scan all inbound cargo containers for radioactive mate...
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As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution. After several very quiet months...
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Over at SCOTUSBlog, Lyle Denniston has a piece on the Esmail access to counsel issue I wrote about Wednesday. It opens:
For years, the federal government — in two administrations — has taken the view tha...
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Get your memo in support here. Government response due on July 23, I hear.
The original opinion striking down Section 1021 of the NDAA is available here.
And no, I will not be participating in this pan...
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Will Ali Mussa Daqduq soon be a free man? It's looking more and more likely. According to an AP report, a five-judge appellate panel in Iraq has affirmed a lower court's decision to dismiss charges aga...
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There seem to be many things habeas counsel might dislike about the proposed Memorandum of Understanding that DOJ has asked David Remes to sign. But like Ben, I’ll wait until I see the government’s resp...