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Posts by Sophia Brill

2/11 Hearing #1: Who Hears What, the Chow at Guantanamo, and a Brief Delay

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Monday, February 11, 2013 at 10:47 AM

At 9:01, Judge Pohl takes the bench, authority-emanating robes and all.  All parties are present, including the five accused.  Prosecutor Robert Swann notes the continued presence of FBI personnel and an NYPD officer, who might eventually serve as witnesses.  KSM lawyer David Nevin rises, in order to preserve his objection to those persons ever taking . . .
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1/28 Hearing #6: Who Hit the Censor Button? And Voluntariness, and a 505(h) Session

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Monday, January 28, 2013 at 3:06 PM

The parties return, the defense having debated and then chosen a procedure for litigating AE80, regarding the preservation of evidence of any existing detention facility.  Before we really learn from KSM lawyer David Nevin what the lawyers’ favored option is—it sounds as if we’ll move to a Rule 505(h) session, rather than attempting argument in . . .
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1/28 Hearing #5: Agreeing v. Acknowledging, and Some Detention Discussion

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Monday, January 28, 2013 at 2:13 PM

We’re back from lunch, with all parties present.   A procedural tidbit before beginning: we’re told that classified session will commence this afternoon at 3 p.m., likely in connection with motions relating to the CIA’s RDI program.  The word is that the court _ probably _ won’t return to open proceedings thereafter.  Thus, for practical . . .
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1/28 Hearing #4: What You Can’t Disclose, and What You Need to Know

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Monday, January 28, 2013 at 12:14 PM

The protective order, and J. Connelll III’s now-famous demonstrative slides, return to center stage.  The lawyer’s subject: the protective order’s definition of “unauthorized disclosure.” The latter suggests that merely confirming the existence of classified information amounts to an improper disclosure—something that troubles Connell.  The existence of some classified information is itself not always a classified . . .
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1/28 Hearing #3: And on to the First (Now Moot) Motion…

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Monday, January 28, 2013 at 11:56 AM

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 merits.  In any event, since October 2011, she has been unable to send written communications . . .
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1/28 Hearing #1: Changes to the Defense Team, and Things Voluntary

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Monday, January 28, 2013 at 10:12 AM

The hour arrives, and our hearing begins.  There’s Judge Pohl, looking resplendent as always in his judicial robes.   All five accused are present in the courtroom, though not all of their lawyers are.   We turn first, as always, not to the substance but to procedure: specifically, recent alterations to the defense team.  Maj. William . . .
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Motions Hearing in the 9/11 Case: 1/28 Session

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Monday, January 28, 2013 at 8:39 AM

The wintry mix hasn’t delayed our–Wells’ and Sophie’s—arrival to Fort Meade, for the commencement of CCTV-broadcasted-from Guantanamo hearings in the 9/11 case. Today’s programming format will be the same as always: look for regular posts throughout the day, in our “Events Coverage” section.  You’ll find links to all new posts below also in this post—which . . .
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