Today was the big day. Chuck Hagel faced his former colleagues who sit on the Senate Armed Services Committee today in his bid for SecDef. And just in time for this momentous day, a Republican Senator has come out of … Read more »
Monthly Archives: January 2013
A procedural note from commissions-land: in documents signed on Monday, the Convening Authority, Retired Vice Admiral Bruce MacDonald, dismissed sworn charges—material support and standalone conspiracy—against GTMO detainees Sufyian Barhoumi, Jabran Said Bin Al Qahtani, and Ghassan Abdullah al … Read more »
Nevin at the podium. He wishes to make sure that Judge Pohl’s earlier ruling, regarding the cutting of the audio and video feed, takes effect immediately as announced. The court makes clear that no third party can cut the broadcast … Read more »
1/31 Hearing #2: Looking Forward to Nevin’s Emergency Motion, and Testimony by the Convening Authority
The recess concludes, and Judge Pohl takes the bench. First are a few remarks about logistics, including the use of demonstratives and multimedia. (J. Connell III, we’re looking at you.) The rule: no such items allowed, unless submitted at least … Read more »
We return to the ELC courtroom, where prosecutors and defense counsel all are present. The five accused are absent.
Prosecutor Robert Swann is first at the podium; his witness is MAJ Griffin—who testified earlier as to the voluntary, knowing absences … Read more »
Today pretrial hearings resume in the 9/11 case, yesterday’s hearing having consisted entirely of an administrative Rule 802 conference (and thus, no argument on motions). The conference’s outcome reportedly will determine what, exactly, today’s court session will address.
Whatever the … Read more »
I’ve fallen behind in linking to the short essays being published by the Hoover Institution Task Force on National Security and Law. The latest come from Tod Lindberg, Amy Zegart, and Philip Bobbitt.
The American Enterprise Institute held an event yesterday entitled “Watching ‘Zero Dark Thirty’ with the CIA: Separating fact from fiction.” According to the event description, the discussion centered around some of the following questions:
Just how accurate is Bigelow’s depiction
As is now familiar to everyone, rather difficult questions arise when we discuss the scope of the AUMF, the current scope of “al Qaeda,” the meaning of “associated forces,” and the circumstances under which the president may have inherent authority … Read more »
AE50, our day’s last, is James Connell III’s request to compel the production of three witnesses.
The first is Robin Maher, an attorney who helped to develop the ABA’s guidelines on capital cases—a legal authority of obvious relevance, but of … Read more »
Your correspondent returns to Fort Meade’s Smallwood Hall, for Lawfare’s CCTV coverage of a second day of hearings in United States v. Mohammed et. al.
The day’s motions are different, but our format remains the same: you’ll find regular posts … Read more »
MAJ Sterling Thomas, on behalf of Ammar al-Baluchi, argues AE93—in which Thomas and James Connell III ask the court to grant their client a brief, audiovisual communication. Ammar al-Baluchi desires to call relatives abroad, in order to send condolences for … Read more »
AE55 is up next. In it, the defense jointly seeks the release of redacted versions of pleadings containing classified materials.
J. Connell III, lawyer for Ammar al-Baluchi, argues in support of the motion, citing RTMC 19-4—which calls for public release … Read more »
Ruiz takes a third stab at AE108, first by emphasizing the justification behind his proposal for overnight visits to his client’s detention center: the lawyer needs to determine sleeping patterns, other life patterns, and the like.
Next he notes two … Read more »
Lunch is done. David Nevin notes the absence of co-counsel, Gary Sowards; prosecutors remind us that all five accused remain voluntarily absent.
We circle back to AE108, regarding the conditions of confinement—and argument in opposition by prosecutor Maj. Robert McGovern. … Read more »
We move now to AE108, a defense effort to inquire into the current conditions of the accuseds’ confinement. Day-to-day life at the detention center is a subject for LCDR Walter Ruiz, Mustafa al-Hawsawi’s lawyer. He rises to speak first.
There … Read more »
Let us turn now to 13U—a defense motion to strike the protective order’s “testimonial notice” provision, paragraph 8(a)(1)(b).
It’s an offensive little paragraph, according to al-Baluchi’s lawyer, J. Connell III: the current language calls on the defense to provide the … Read more »
Do you know what time it is? 9:09 a.m., better known as resplendent-in-judicial-robes time. Judge Pohl calls our session to order. And it’s seemingly a court-and-counsel only affair; all five accused are absent. Confirmation of the latter comes in the … Read more »
Lawfare Podcast Episode #26: General Stanley McChrystal Speaks at Brookings on the Evolution of JSOC
This morning, my Brookings colleagues Michael O’Hanlon and Bruce Riedel held an excellent event with General Stanley McChrystal on the evolution of JSOC and his new book, My Share of the Task. I can’t embed the video because of … Read more »
Alan Backstrom and Ian Henderson have a new draft working paper at SSRN, “New Capabilities in warfare: an overview of contemporary technological developments and the associated legal and engineering issues in article 36 weapons reviews” (International Review of the Red … Read more »
We begin with AE20, regarding the time for the defense to respond to government motions. The court thinks its moot.
Bormann is back, and doesn’t touch AE20’s mootness. Instead she pushes forward with attorney-client matters—their merits, or ones surrounding their … Read more »
The fourth installment in the Hoover Institution’s series of short essays on national security challenges for the Obama administration’s second term is now out. It is by yet another Lawfare member—Matt—and is entitled, “Executive-Congressional Relations and National Security.” … Read more »
The Brookings Institution has released the following video, in which I offer some thoughts on the accuracies and inaccuracies of Zero Dark Thirty. I will be treating this subject in more depth in a review I am writing on … Read more »
Ben’s analysis of Charlie Savage’s article on the Chief Prosector prompts this reminder: tomorrow at 9 a.m., Lawfare returns to Smallwood Hall for closed-circuit, piped-in-from-GTMO hearings in the 9/11 case. There are twenty-five items set for oral argument during this … Read more »
Jack and Ben have already flagged their entries in a Hoover Institution Task Force on National Security and Law series on national security challenges for the second Obama term (Hoover is adding one essay per day, all very short opinion … Read more »