The last matter for the court this morning is AE 187, a defense motion seeking to move the location of the military tribunal from Guantanamo Bay, Cuba to Norfolk, Virginia. Commander Mizer, for the defe...

The next motion before the court is AE 181, a defense motion to dismiss the capital punishment referral for all the charges against Al-Nashiri on Due Process and Eighth Amendment grounds because he will ...

The morning's proceedings begin with a return to Al-Nashiri's alleged role in the attack on the French oil tanker the M/V Limburg in Yemen in October 2002. In AE 168, CDR Brian Mizer, counsel for Al-Nash...

The courtroom is nearly full at the DC Circuit Court of Appeals for oral arguments in Al Laithi v.

So what’s next?  A six-strong battery of defense attacks to various “aggravators”---allegations that, if endorsed by the panel after conviction, would call for a vastly greater measure of moral culpabili...

Here is Air Force Maj. Allison Daniels, presenting AE183. Her motion seizes on the lack of grand jury indictment in this capital military commission case.  That’s contrary to the Eighth Amendment, in the...

Before lunch, we were discussing the lack of narrowing provided by Rule for Military Commission 1004.  According to Al-Nashiri’s attorney, Richard Kammen, the rule broadens the availability of capital pu...

AE180 is our motion.  Richard Kammen presents it on Al-Nashiri’s behalf.  The gist: the charges in this case shouldn’t have been referred capital, because the Military Commissions Act’s sentencing scheme...

Debated now: AE176, a defense motion to knock out the capital referral of Hazarding a Vessel and Perfidy charges against the accused.

In AE201, the defense seeks “Hamdan” credit for Al-Nashiri’s period of confinement, and thus to invalidate military commission rules that bar the court from doing so after a sentence has been imposed.  J...

The next stop on our little Ex Post Facto Tour 2014 is AE179.  The defense theory here is roughly the same as earlier, but this time Al-Nashiri's lawyers focus on capital sentencing.  In 2002, courts mar...