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Category Archives: Guantanamo: Prosecutions

Yesterday’s Abatement Order in the 9/11 Case

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Thursday, February 26, 2015 at 4:30 PM

Yesterday, after determining Deputy Defense Secretary Robert Work’s requirement that military commission judges live at Guantanamo Bay may improperly interfered with the case, Col. James Pohl halted pretrial proceedings in the trial of five Guantanamo Bay detainees accused of orchestrating the 9/11 attacks. You can find Col. Pohl’s abatement order below:

Chief Prosecutor Statement on This Week’s Hearing in the al Nashiri Case

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Monday, February 23, 2015 at 11:00 AM

Per our usual practice, Lawfare will be posting digests of the Al Nashiri military commission proceedings—which resume today at noon—throughout the week. First up is the statement by Brig. Gen. Mark Martins, which you can find below:

Why We Shouldn’t Import Guantánamo: A Holistic Perspective

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Tuesday, February 10, 2015 at 11:40 AM

It is with great reluctance that I wade into Gabor and Steve’s debate about how to close the U.S. prison at Guantánamo Bay. I’ve made no secret of my distaste for what I’ve described (okay, okay, flippantly described) as “the atmospheric punditry some have come to expect from this blog.” (Although, I must confess that, . . .
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What the Detention Policy Debate Really Is About

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Monday, January 26, 2015 at 2:16 PM

Ben bemoans the state our nation’s current debate over Guantanamo as “terrible,” observing that “the arguments about Guantanamo are nearly all wrong, disingenuous, irrelevant, or just plain dumb.”  It’s true that Guantanamo—like most political issues—sometimes takes on a special kind of inside-the-beltway rhetorical flavor that can really annoy the wonks, who would much rather focus . . .
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Two Basic Problems With Abstention in Nashiri

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Tuesday, December 30, 2014 at 5:44 PM

Wells already flagged yesterday’s D.D.C. decision by Judge Roberts, refusing to enjoin Abd Al Rahim Hussayn Muhammad Al Nashiri’s impending trial by military commission, and abstaining from reaching the merits of his habeas petition until and unless he’s convicted and is unsuccessful in the direct post-conviction appeal provided by the Military Commissions Act. Interested (or, at least, hyper-attentive) readers may . . .
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CIA Director Brennan Delivers a Statement on SSCI Report

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Thursday, December 11, 2014 at 1:28 PM

At approximately 1:40 p.m., John Brennan, the Director of the Central Intelligence Agency, will make a statement on the SSCI’s detention and interrogation study.  Here’s the CSPAN video: Here is the text of Brennan’s remarks: It was 8:46 a.m. on the morning of September 11th, 2001, when the North Tower of the World Trade Center . . .
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The D.C. Circuit’s Mandamus Jurisdiction and the Legitimacy of the Military Commissions

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Sunday, December 7, 2014 at 11:10 AM

It now appears that the next military commissions case in which the D.C. Circuit will hear oral argument is that of Abd al-Rahim al-Nashiri (“Nashiri”), with oral argument scheduled before an as-yet unnamed three-judge panel on Tuesday, February 10, 2015. And although the underlying “merits” issue in Nashiri is hyper-narrow (whether two of the three judges set to hear . . .
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Signing Statements, the Commander in Chief Power, and Guantanamo Closure

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Friday, October 10, 2014 at 4:00 PM

According to the Wall Street Journal,  the President’s people are “drafting options” to bring about Guantanamo’s closure, an objective that would require the White House to get around a statutory restriction on transferring GTMO detainees to the United States.  Or not: Vice’s Jason Leopold reports that NSC Spokeswoman Caitlin Hayden today said the Administration does not know what “‘new press . . .
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Article III and the Bottom-Side Briefing in al Bahlul

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Tuesday, September 30, 2014 at 12:02 PM

Jane already flagged the merits brief filed by the U.S. government on September 17 in al Bahlul v. United States, the major challenge to the power of the Guantánamo military commissions to try non-international war crimes that was remanded by the en banc D.C. Circuit to the original three-judge panel back in July (and in which oral argument is . . .
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U.S. News Gets it Wrong on Guantanamo and Foley’s Killer

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Tuesday, August 26, 2014 at 11:27 AM

If terrorist capture comes, can a debate over Guantanamo vs. federal court be far behind? Apparently not. This time, the debate is coming even before the terrorist’s capture—or even his positive identification. And U.S. News and World Report, at least, is getting the answer wrong. The magazine reports that “Legal experts say it’s possible the jihadist who beheaded American . . .
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Global (Statutory) Habeas After Aamer

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Wednesday, June 25, 2014 at 4:00 PM

As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers’ National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequences of the D.C. Circuit’s February 2014 decision in Aamer v. Obama—about which I’ve blogged a fair amount previously. Recall that, in Aamer, the D.C. Circuit held that the Supreme Court’s decision . . .
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Al Nashiri Motions Hearing: April 22 Session

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Tuesday, April 22, 2014 at 8:54 AM

Your correspondent returns to Fort Meade, where Lawfare will take in a closed circuit broadcast, from Guantanamo, of pre-trial litigation in United States v. Al-Nashiri.   Throughout the day, we’ll have updates on the proceedings in our “Events Coverage” section, with links to the updates below. A programming note: today will be the only one to feature “almost . . .
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Statements by Prosecution and Defense on This Week’s 9/11 Case Hearing

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Thursday, April 17, 2014 at 10:57 AM

The Chief Prosecutor issued this earlier this morning. Hello to all of you. Due to the Judge’s decision to take up the joint defense motion requesting he inquire into possible defense conflicts of interest (AE 292), I have no update on the procedural posture of the case. As filings become available, they will be posted on the . . .
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Military Commissions, Conspiracy, and al-Iraqi

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Tuesday, February 18, 2014 at 7:20 AM

Over the weekend, I blogged over at Just Security about the al-Iraqi case pending before the military commissions at Guantánamo—and, in particular, Saturday’s New York Times story reporting that the government has amended the charge sheet against al-Iraqi to add a charge of conspiracy. As readers likely know, the en banc D.C. Circuit will soon . . .
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Al-Nashiri Motions Hearing: February 17 Session

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Monday, February 17, 2014 at 9:06 AM

It’s a snowy day here at the Fort Meade CCTV facility.  Lawfare’s in the house, for the first of this eight-day, pre-trial motions hearing in United States v. Al-Nashiri.  Same format as always: dispatches throughout the day, in our “Events Coverage” section, with links to those below. Update [9:32 a.m.]: that was fast.  The case has been postponed . . .
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Josh Gerstein on Piracy and Terrorism Trials

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Monday, February 10, 2014 at 3:42 PM

Over at Politico, Josh Gerstein has an interesting piece on the Ali piracy case, and its potential implications for terrorism cases.  The article—which quotes Jen Daskal and Cully Stimson, among others—opens: The failed prosecution of an alleged Somali pirate — and the fact that that failure could leave him living freely, and permanently, inside U.S. borders — . . .
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9/11 Case Motions Hearing: 12/18 Session

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Wednesday, December 18, 2013 at 8:45 AM

It’s a chilly little day out at Fort Meade’s Smallwood Hall—the closed-circuit television facility where, as per usual, Lawfare will be almost-live blogging pre-trial proceedings in the 9/11 case. Same bat-time, same bat-channel: posts throughout the day in our “Events Coverage” section, with links the post below (here are Tuesday’s posts).  We expect a gavel bang . . .
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Overview of Restrictions on Counsel in the Tsarnaev and 9/11 Cases

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Monday, December 2, 2013 at 3:00 PM

From the defense’s standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions? Accused Boston Marathon bomber Dzhokhar Tsarnaev is currently challenging Special Administrative Measures (SAMs) imposed on him and his attorneys; Judge George O’Toole of the United States District Court for the District of Massachusetts heard argument on . . .
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Raha Wala (Human Rights First) Responds on Closing Guantanamo

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Sunday, August 18, 2013 at 7:00 PM

Raha Wala of Human Rights First has written in with an in-depth response, printed below in full, to my post the other day expressing disappointment in Senators Durbin and Feinstein’s op-ed on closing Guantanamo.  I had argued there that Durbin and Feinstein weren’t even acknowledging — put aside answering — some of the toughest questions . . .
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Chief Prosecutor Statement on This Week’s Hearings in United States v. Mohammad et al

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Friday, June 21, 2013 at 10:00 PM

Here is Brig. Gen. Mark Martins’s statement on this week’s hearings in United States v. Mohammad et al. It opens: Good afternoon. I am pleased to have the opportunity to speak with you after five days of pre-trial hearings in United States v. Mohammad et al. Many of you have indicated that you found aspects of . . .
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