Coming to you live from Guantanamo, via Fort Meade CCTV: the third day of the motions session in United States v. Al-Nashiri.  As before, we'll have blog posts up in the "Events Coverage" section, with l...

Military Commissions Chief Prosecutor Mark Martins released a statement following the completion of yesterday's hearing in United States v. Al-Nashiri.

It's turned out to be a very big news day in national security litigation land... In addition to the extensive coverage of Aulaqi v. Panetta (to which I hope to add some thoughts of my own later tonight)...

From Guantanamo, this: today's proceedings will be 100% closed, and recess immediately afterwards.  Open proceedings will resume tomorrow.

That's the word from the technical folks here at Fort Meade, anyway.   The hearing reportedly is underway, as of ten minutes ago - but, as expected, the topic under discussion is classified discovery.   ...

Ben already posted last week about the new battle a-brewing over the "Memorandum of Understanding" (MOU) that the Department of Justice is apparently requiring counsel in the Guantanamo habeas cases to s...

For Kammen, the next defense motion, AE74, is all about saving government money and efficiency. The government has provided a database to the defense in discovery, the attorney tells the court. And these...

We’re back and taking up AO 77, the defense motion to compel the funding of another defense consultant, one Dr. Elizabeth Loftus, a forensic psychologist. (Government response (Part 1 of 6): here.

Kammen shifts to his reimbursement motion, AE 76.  In particular, defense counsel wants to add a sixth, civilian paralegal to Al-Nashiri’s defense team. That person would be paid on an hourly basis, perf...

Judge Pohl next takes up AO 82, the defense motion to force the Convening Authority to fund a consultant, Nancy Hollander, to aid the defense on matters related to national security law. (Government resp...

The next issue, Judge Pohl announces, is the group of motions surrounding discovery: AO 76, AO 77, AO 85, AO 82, and AO 74. They start with AO 82, which seeks an accounting of prosecutorial resources. ...

Lt. Cmdr.