Wells C. Bennett is managing editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. His position is supported with a grant from the Markle Foundation. Before coming to Brookings, he was an Associate at Arnold & Porter LLP. Full bio »
Romance is in the air—and waves of the purest judicial authority—as Judge Pohl calls our session to order. The five men accused of planning 9/11 are present in the courtroom, along with lawyers for defense and prosecution alike. Ditto representatives … Read more »
So how will you ring in this Hallmark Holiday? Lawfare recommends a bouquet of long-stem, CCTV-broadcasted, almost-live hearings from Guantanamo, in the military commission case of United States v. Mohammed et. al. What better way to say, “I love you?”… Read more »
It is a chilly morning here at Fort Meade’s Smallwood Hall, venue for Lawfare’s coverage of almost-live, CCTV-broadcasted-from-Guantanamo hearings. This marks the third day of this week’s four-day motions session in United States v. Mohammed et. al.—the 9/11 case. … Read more »
Lt. Col. Ramon Torres now testifies by VTC from Orlando, Florida, where he works in the human resources command. But his testimony is not strictly directed to monitoring matters; instead, explains bin Attash lawyer Cheryl Bormann, Torres’ answers will relate … Read more »
We’re back, with CAPT Welsh still on the stand and Schwartz concluding his examination.
The latter asks about tracking: to Welsh’s knowledge, does JTF-GTMO make records, when any audio monitoring is conducted? Welsh stresses that he only has knowledge of … Read more »
Lunch ends and our proceedings resume.
Judge Pohl does so with a few logistical notes. Our marching orders later today may depend on witnesses’ video tele-conference (VTC) scheduling; the parties thus compare notes about who will be available when this … Read more »
David Nevin stands and says he recently received some documents–evidently copies of emails–regarding CAPT Welsh, our next witness, and his intended testimony on AE133. The lawyer wants to read these before examining Welsh, and prosecutors don’t object to a brief … Read more »
Prosecutor Clay Trivett questions Elkins, turning first to his professional qualifications. The witness understands how the courtroom systems work—even those systems in which he isn’t formally “certified?” Yes. And Elkins again confirms that the court reporters have special software that … Read more »
The Smallwood Screen comes alive, with Judge James Pohl seated at the familiar, authority-emanating bench. A glow likewise surrounds the wall’s JTF insignia; it seems to say, “let us reconvene and discuss attorney-client communications.” So we do, at 9:02 a.m. … Read more »
The dew glistens at Fort Meade’s Smallwood Hall, where we’ve gathered for the second day of CCTV-broadcasted, pre-trial hearings in United States v. Mohammed et. al. Y’all know the drill: dispatches in the “Events Coverage” section, with links to those … Read more »
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 … Read more »
Your correspondents—Wells and Sophie—return to Fort Meade’s Smallwood Hall, for almost-live CCTV hearings in United States v. Mohammed et al. The motions are different, but the coverage format is the same: posts throughout the day, in our “Events Coverage” corner, … Read more »
You can find a copy here. An excerpt from the statement by Chief Prosecutor Brig. Gen. Mark Martins:
Alleged Intrusion Into Attorney-Client Discussions in the Courtroom and Elsewhere
On the 28th of January, the audio and visual transmission from
Folks, at 9:00 a.m. tomorrow, pre-trial hearings resume in the 9/11 case. As always, Lawfare will cover the four-day session, which we’ll observe remotely, via closed-circuit television.
The day reportedly will commence with AE133. That’s the much-discussed emergency motion, brought … Read more »
That’s the word from James Connell III, an attorney for 9/11 accused Ammar al-Baluchi.
The commission’s ruling—issued yesterday in connection with the case’s much-discussed “who pressed the button” episode—is not yet available, on account of the usual … Read more »
So reports Politico’s Jennifer Epstein and Josh Gerstein:
President Obama has reversed course and agreed to provide the congressional intelligence committees with classified Justice Department legal advice authorizing the use of drones to kill U.S. citizens abroad, two administration
We’re back, and the parties jointly request a discussion of AE56—the government’s request for oral depositions.
Regarding those, the dates the government proposed earlier are no longer feasible, for operational security reasons that prosecutor Anthony Mattivi says he cannot describe … Read more »
The commission is called to order, with all parties present—including the accused. The witness, Dr. Iacopino, also is “here,” albeit only virtually: he appears today by video teleconference (“VTC”), which will also be broadcasted to us here in Fort Meade.… Read more »
This afternoon, we continue with a second day of almost-live, CCTV-broadcasted hearings in the military commission case of United States v. Al-Nashiri. As always, Lawfare is in the house—Fort Meade’s Smallwood Hall, that is, where your correspondent follows the action … Read more »
A reminder, Lawfare fans: our military commissions coverage continues at 9:00 a.m. tomorrow, as hearings resume in United States v. al-Nashiri. The docketing order for this week’s four-day session can be found here.
On that list are, among other … Read more »
From the statement’s discussion of Monday’s break in CCTV audio and video, during remarks by KSM attorney David Nevin:
As in courts-martial, members of the Office of Military Commissions staff—separate from the prosecution—support the administrative functions of
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 »
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 »
That’s the gist of this order, issued today by a three-judge panel of the D.C. Circuit, in Rimi v. Obama.
The detainee, who had been transferred from Guantanamo to Libya in 2006, unsuccessfully sought habeas relief from the … 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 »
We come to an expected vignette about yesterday’s brief audio and video blackout.
Judge Pohl explains: the idea behind the forty-second delay is to prevent the disclosure of classified information. But only the judge has the authority to close … 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 »
You’ll find a copy here.
The Chief Prosecutor’s statement naturally overviews the week’s proceedings; one portion, however, addresses an issue not formally included on the docket but likely of interest to Lawfare readers:
Conspiracy as a Separate, Stand-Alone Offense
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 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 … 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 »
That’s the cyber news from Mashable.com. From the site’s report—which elsewhere says the attack was intended as retaliation for the prosecution of Aaron Swartz:
The hacktivist group Anonymous hacked the US federal sentencing website early Saturday, using the page to
Wednesday, May 22, 2013
In one of the strangest stories I’ve come across in a long time—and there have been many—news reports say an FBI agent shot and killed an Orlando man with ties to deceased Boston bombing suspect Tamerlan Tsarnaev. Ibragim Todashev was not suspected of playing a role in the bombings, but, during questioning, confessed nevertheless to playing a role in a triple homicide in the Boston area. After his confession, Todashev allegedly… Read more »
