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Government's Response On GTMO Counsel Access
Apparently prompted by David Remes' motion regarding GTMO counsel access issues in Esmail [h/t Josh Gerstein at Politico], the government now has filed its own motion. I've only glanced at the new filin... -
Supplemental Briefing on Bagram Jurisdiction
Following last week's motions hearing in Maqaleh and Hamidullah, the cases seeking habeas jurisdiction over the detention facility at Bagram, the petitioners in Maqaleh have filed a supplemental brief ar... -
Government Files Brief Opposing Permanent Injunction in Hedges
The government has filed its brief in opposition to the plantiffs' motion for a permanent injunction--and seeking dismissal of the case. -
Kadi Voluntarily Dismisses Sanctions Appeal
So we learn from this filing, posted over at the Blog of the Legal Times. The Treasury Department had found the plaintiff, a Saudi businessman, to be a "specially designated global terrorist." On the b... -
Analysis of U.S. v. Ali: A Flawed Majority, Conflicting Concurrences, and the Future of Military Jurisdiction
As I noted yesterday, the highest court in the U.S. military justice system—the Article I Court of Appeals for the Armed Forces (“CAAF”), a circuit-level court with mostly discretionary jurisdiction over... -
New York Times: Senior U.S. Official Confirms Israel's Assertion that Hezbollah Was Behind Bulgaria Bombing
The New York Times has just published a story in which it quotes an unnamed "senior American official" who confirms Israel's assertions that the Bulgaria bombing was carried out by a Hezbollah cell opera... -
Conflicting Reports on Whether Bulgarian Suicide Bomber Was Former Guantanamo Detainee Mehdi Ghezali
Earlier today, numerous Israeli English-language media outlets (Times of Israel, Haaretz) picked up Bulgarian news stories that identified the Bulgarian suicide bomber as Mehdi Ghezali, a 33-year old Swe... -
Remarks by Mark Martins on Day #3 of the Al-Nashiri Motions Hearing
The Chief Prosecutor's full statement follows below: CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 19 JULY 2012 -
A Request for Translation
We turn to the day’s final motion, AE97, regarding the defense’s request to compel the timely translation of documents into Arabic for Al-Nashiri. The motion is brand-spanking new; the defense filed it ... -
Wherein We Come to the Appointed Time to Debate the Appointments Clause
Again it is Reyes for the defense. His subject? The Convening Authority, the Constitution’s Appointments Clause, and the defense’s motion to dismiss on Appointments Clause grounds (AE87). The Conveni... -
Deep Down Inside, Does the Convening Authority Want to Be a Judge?
Defense attorney Lt. Cdr. Stephen Reyes is up first for AE86---the motion to withdraw the charges because of an improper referral by the Convening Authority. The issue is this, he says: ordinarily, the ... -
A Gavel Bang, and Some Preliminary Matters
Judge Pohl bids good morning to our Guantanamo courtroom audience (and thus, indirectly, to those of us in the CCTV facility cheap seats). But wait: he’s not yet attired in his customary, authority-eman...
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