Wells C. Bennett is an attorney in Washington, D.C. His diverse practice encompasses disputes implicating international and U.S. foreign relations law, as well as national security law; he also has significant experience in criminal appeals and motions for post-conviction relief. He received his J.D. and L.L.M. in international law from the Duke University School of Law. After graduation, he served as a law clerk to the Hon. Terrence W. Boyle, of the United States District Court for the Eastern District of North Carolina.
The Hill’s Defcon blog has the scoop: in votes today regarding the rules for detention under the FY2013 NDAA, the House rejected the Smith-Amash amendment in a 238-182 largely party-line vote (19 Democrats voted against it, and 19 Republicans voted … Read more »
So asks Judge James Pohl, in an order he reportedly issued yesterday in United States v. Khalid Sheikh Mohammed et al. A statement from James Connell, a lawyer for 9/11 defendant Ali Abdul Aziz Ali, describes the order in this way:
Yesterday afternoon,
By now you’ve gotten the lowdown – from Steve, Bobby, Ben or from some or all of them – about yesterday’s puzzling decision in Hedges v. Obama. I won’t reiterate their points, other than to say that … Read more »
Chief Prosecutor Mark Martins gave the following statement to the press this morning:
Chief Prosecutor Mark Martins
Remarks at Guantanamo Bay
6 May 2012
Good morning. Yesterday charges were publicly announced in a court of law against five men who,
The defense’s question-and-answer session is finally done. When asked by the court, prosecutor Mark Martins quickly waives any challenge to the judge from the prosecution’s side. There’s a quick legal discussion among the parties when the judge turns to the … Read more »
It’s nearly 5:00 pm when the court reconvenes, and everyone is exhausted. The day has been long and contentious, and we are not even 40 percent of the way through the questioning of the judge. Fortunately, the remaining defense lawyers … Read more »
Mohammed’s lawyer naturally isn’t the only one with questions for the court. Under the rules, each defendant is entitled to ask questions, and by the looks of it, every defense attorney in the courtroom wants to inquire about potential for-cause … Read more »
We have come now to the part of the hearing where the lawyers get to question Judge Pohl to see if they want to move to disqualify him. This turns into quite a marathon. Each of the defendant’s legal teams … Read more »
The pattern of defense lawyers’ injecting their concerns about the treatment of the detainees—and their access to them—into their own qualification colloquies continues through the other defense lawyers’ exchanges with Judge Pohl. Kevin Bogucki notes that given the rules and … Read more »
Our arraignment programming then shifts to the qualifications of defense counsel, which, under commission rules, must be recited on the record. There are some rules-mandated inquiries between Judge Pohl and the attorneys, too—most importantly, some questions and an oath regarding … Read more »
Martins has introduced the government lawyers and paralegals, but Nevin now gestures towards others in the courtroom—who, according to the government, are assisting but not appearing as counsel. Does that, he asks, include the row of individuals seated at the … Read more »
The day has not been weird enough, so Bin ‘Attash’s lawyer, Cheryl Bormann, who is still dressed in full abaya, drives it over the cliff.
As Judge Pohl is getting ready to go over the attorneys’ qualifications, she steps forward … Read more »
Judge Pohl turns to Mohammed’s attorneys and his right to counsel. Mr. Mohammed, he says, pursuant to the Manual for Military Commissions, you are today represented by two military lawyers, Derek Poteet and Jason Wright, your detailed counsel. Do you … Read more »
Walid ‘Bin Attash is now seated, and, like the other accused men, free from restraints.
The defense strategy has now clearly come into focus: The defendants refuse to speak or engage the court, while their lawyers insist on litigating treatment … Read more »
When the audio comes back on, Judge Pohl is asking counsel for Bin ‘Attash, Capt. Michael Schwartz, whether he knows why the feed went out. There is certain material, he says, that is not to be disclosed unless properly cleared. … Read more »
