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October 16 Commission Session #5: All Protective Order, All The Time
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... -
October 16 Commission Session #4: More On Secrets, and a Quick Recess
The sound of the gavel is really two sounds at once: that of restarting proceedings in United States v. Mohammed et al., and that of the dorkosphere quickly digesting, and already debating, today’s rulin... -
October 16 Commission Session #3: Presumptive Classification, Debated (Kinda)
The drum roll sounds and we move to the day’s most anticipated issue: the government’s proposal for an order protecting classified national security information---in particular, the prosecution’s recent ... -
October 16 Commission Session #2: On Fashion in the Courtroom
AE48 is our first motion, and its all about fashion---that is, the authority of the JTF commander to permit some of the defendants’ clothing choices, but to deny others. The dispute mercifully has narro... -
Three (Early) Observations on Judge Kavanaugh's Analysis in Hamdan
Raff already shared the news re: this morning's D.C. -
October 16 Commission Session #1: Housekeeping
Judge James Pohl returns the bench and calls the proceedings to order. Yesterday’s process all but foreordained our first matter: attendance. And consistent with the process announced yesterday, three ... -
D.C. Circuit Opinion in Hamdan
The D.C. Circuit Court's opinion that we've all been waiting for has come down. The D.C. Circuit has vacated Hamdan's conviction for material support for terrorism in the Military Commission and reversed... -
October 15 Commissions Session #6: The Accused Waive Their Rights to Attend
Our brief recess comes to a close. It appears Judge Pohl has drafted a series of possible questions regarding the accuseds’ intention to waive their presence rights. And yet despite earlier indications... -
October 15 Commissions Session #5: the Right to Be Present and the Obligation to Attend, Part Two
Lunchtime comes to a close; we thus return to presence and absence matters, and a few concluding remarks by defense counsel. Lawyers for KSM, al-Hawsawi and Bin Attash contribute a few comments. The la... -
October 15 Commissions Session #4: The Right to Be Present and the Obligation to Attend
Our next topic is presence. No, not the Led Zeppelin album by that name. The issue, raised by Judge Pohl and now addressed by the Chief Prosecutor, instead is whether, and under what circumstances, a war... -
October 15 Commissions Session #3: Wherein Conflicts Are Waived
We’re back from recess. But before we turn to the next motion---AE53, regarding a potential conflict of interest---Commander Walter Ruiz has another point about the motion that the court just took under... -
October 15 Commissions Session #2: Another Learned Counsel for al-Hawsawi?
That’s it for procedural stuff; we thus return to Ruiz, and his client’s desire for the appointment of another lawyer with a background in capital cases. Before Ruiz can begin, Judge Pohl reminds the la...
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