Among the proposed amendments to the DOD appropriations bill currently under consideration in the House of Representatives is this doozy, courtesy of Arkansas Rep.

Here it is.  The text opens: Good afternoon. Today Abd al Hadi al-Iraqi—an Iraqi national whose records indicate was born as Nashwan Abd al Razzaq in 1961 in the city of Mosul—was arraigned before a Unit...

It’s go time at the Expeditionary Legal Complex, Courtroom Two. After some shuffling of papers and adjusting of microphones, the military judge, Navy Capt. J. Kirk Waits, calls the initial hearing to ord...

It’s refreshing to find voices of reason in Ben’s, Jack’s, and John’s posts on the Abu Khattala capture.

This afternoon, Abd Al-Hadi Al-Iraqi will be arraigned before a military commission at Guantanamo. As per usual, video and audio of the pre-trial proceedings will be zapped, via closed circuit televisio...

I want to pile on briefly to Jack’s and Ben’s support for prosecuting Ahmed Abu Khattala in federal court for violation of U.S. criminal laws. I have pointed out for many years that civil liberties grou...

I agree with Jack that military detention or trial by military commission are likely not available options for Ahmed Abu Khattala. But I'm hung up on a different point: Why are so many conservatives so m...

Many have criticized the Obama administration’s plans to try the alleged leader of the Benghazi, Ahmed Abu Khattala, in civilian court.  “Ahmed Abu Khattala should be held at Guantanamo as a potential en...

I largely agree with Steve Vladeck's excellent post on Judge Richard Posner's decision yesterday in Daoud and Judge Ilana Rovner's concurrence in that decision.

Paul already flagged yesterday’s Seventh Circuit decision in Daoud, in which the Court of Appeals reversed Judge Coleman’s headline-grabbing order—which had required the government to provide Daoud’s sec...

We’ll hear reply argument now, on the defense's filings in the AE292 series----which arise because of past FBI interviews of defense team personnel, and which ask the court to abate the proceedings and a...

James Connell III, Learned Counsel for Ammar Al-Baluchi, begins on a procedural note: the defense’s motion is less about wrongdoing, and more about the path forward. The court must perform an inquiry, th...