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Category Archives: Terrorism Trials

Terrorism Trials

Monday’s Hearing in al-Hadi

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Wednesday, September 17, 2014 at 9:19 AM

This week’s hearing in the military commission case of United States v. Abd al Hadi al-Iraqi turned out to be a quick one.  Monday afternoon was evidently sufficient time for court and counsel to debate the government’s motion for an order to protect national security information; the proceedings were recessed thereafter. You can read all about it over in . . .
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Al-Hadi Case: September 15 Session

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Monday, September 15, 2014 at 12:45 PM

 A note to readers: business back at Brookings will keep your correspondent away from Fort Meade, and from observing, almost live and via CCTV broadcast,  a two-day pre-trial hearing in the military commission case of United States v. Abd al Hadi al-Iraqi.  The session commences today at 1 p.m., and could continue through tomorrow.   Nearly-live . . .
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Chief Prosecutor Statement on This Week’s Hearing in Al-Hadi

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Monday, September 15, 2014 at 12:00 PM

On the docket today and tomorrow at Guantanamo: argument on the government’s motion to protect national security information in United States v. Abd al Hadi al-Iraqi. The Chief Prosecutor issued a statement in advance of the pre-trial hearing, which commences this afternoon at 1 p.m.  The statement opens: Good evening. Since we last met, there . . .
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Jose Padilla Re-sentenced to 21 Years

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Wednesday, September 10, 2014 at 10:39 AM

U.S. District Judge Marcia Cooke has re-sentenced Jose Padilla to 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap, and main individuals in a foreign country; conspiracy to provide material support to terrorists; and providing material support to terrorists. An appellate court had vacated Padilla’s original, 17-and-a-half year sentence, after finding . . .
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Lawyer for Khalid Sheikh Mohammed Resigns From Army

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Wednesday, September 3, 2014 at 8:08 AM

Some recent military commissions news: On August 26th, Major Jason Wright, one of the attorneys representing Khalid Sheikh Mohammed, resigned from the Army after he was ordered to leave the legal team representing Mr. Mohammed at Guantanamo Bay in order to complete a graduate school program required for his promotion from Captain to Major. Wright had . . .
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Article III and the al Bahlul Remand: The New, New NIMJ Amicus Brief

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Monday, August 18, 2014 at 12:59 PM

On July 14, the en banc D.C. Circuit ruled in al Bahlul v. United States that “plain error” review applied to Bahlul’s ex post facto challenge to his military commission convictions for conspiracy, material support, and solicitation–and then upheld the first of those charges under such deferential review (while throwing out the latter two). One of the potentially unintended consequences of the Court . . .
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9/11 Case Motions Hearing: 8/14 Session

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Friday, August 15, 2014 at 11:28 AM

Working off transripts, Lawfare’s Matt Danzer has a rundown of yesterday’s pre-trial proceedings in the 9/11 case.  We’ll post his dispatches in our “Events Coverage” section, while linking to them as they come in throughout the day.  Keep your eye on this space. 8/14 Motions Session #1: Conflicts, Conflicts Everywhere 8/14 Session #2: On Severing Al-Hawsawi . . .
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9/11 Case Motions Hearing: August 13 Session

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Thursday, August 14, 2014 at 12:43 PM

A reminder: Lawfare won’t be traveling to Fort Meade to take in, almost live and via CCTV broadcast, the rest of this week’s pretrial hearing in the 9/11 case.  We will thus resort to our backup coverage format, by posting digests of each prior day’s events in our “Events Coverage” section. We thus commence with Matt . . .
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Al-Nashiri Order Dismissing Charges Relating to French Oil Tanker

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Thursday, August 14, 2014 at 10:50 AM

We flagged news coverage of this important military commissions ruling earlier, when the item in question was not yet available.  You’ll now find the real thing here (and here). The military judge’s order seemingly came down to this: the prosecution had asserted—but ultimately did not submit proof of—facts that, in its view, supported military commission jurisdiction over charges regarding . . .
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This Afternoon’s Hearing in the 9/11 Case

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Wednesday, August 13, 2014 at 1:54 PM

A reminder, and a little coverage note: this afternoon will see a pre-trial hearing in the case against Ramzi Binalshibh—one of five men charged with plotting the 9/11 attacks. Unfortunately Lawfare won’t be able to take in those proceedings via Fort Meade’s Closed Circuit TV facility—but we will post a digest of the afternoon’s most significant events, once . . .
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Al-Nashiri Case: French Oil Tanker Charges Dismissed

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Monday, August 11, 2014 at 2:49 PM

That’s the word from the Miami Herald’s Carol Rosenberg. I haven’t yet seen the ruling, but gather from the story that the dismissal had to do with the absence of certain evidence—rather than the boundaries of the commission’s jurisdiction.  (The fit—or the lack thereof—between the latter and the acts alleged has been an important and recurring feature of the . . .
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8/11 Session #1: Severance, Reconsidered

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Monday, August 11, 2014 at 10:25 AM

The military judge, Army Col. James Pohl, takes the bench.  Only one accused is present: Ramzi Binalshibh, whose case the court recently separated out from that against the other four accused in the 9/11 case.  His lawyers are there too, including Jim Harrington and LCDR Bogucki. The court opens by summarizing the state of play, . . .
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9/11 Case Motions Hearing: August 11 Session

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Monday, August 11, 2014 at 9:04 AM

Today your correspondent will observe, via CCTV, pre-trial proceedings in the case of United States v. Ramzi Binalshibh.  That’s the prosecution against only one of the five men accused of plotting the 9/11 attacks.  The military judge has severed Binalshibh’s case, for the moment, from that against the other four; today, military prosecutors will ask the . . .
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Chief Prosecutor Statement on This Week’s Hearing in the 9/11 Case

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Monday, August 11, 2014 at 5:00 AM

You can find the whole thing here, and the opening paragraphs below. And that’s a good a reminder as any, that today Lawfare returns to Fort Meade, for almost-live-blog coverage of pre-trial proceedings in United States v. Mohammed et al.   From the statement: Good evening. On the eve of continuing pre-trial sessions this week, I wish to . . .
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Chief Prosecutor Statement on this Week’s Hearings in Al-Nashiri

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Thursday, August 7, 2014 at 3:23 PM

Here y’are.  Brig. Gen. Mark Martins, the Chief Prosecutor at Guantanamo, opens his statement as follows: Good afternoon. This Friday will mark sixty-nine years since the signing of the London Agreement and Charter by representatives of the United States, the Soviet Union, the United Kingdom, and France, thus establishing the International Military Tribunal for the trial . . .
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8/6 Motions Hearing #2: MRIs and Skype

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Thursday, August 7, 2014 at 10:19 AM

When the court returns from recess, the parties move into argument on AE277, the defense’s motion for a judicial order compelling an MRI of Al-Nashiri’s brain to determine if he has brain damage. The defense presents two lines of argument. First, Rick Kammen, Al-Nashiri’s Learned Counsel, says his client needs the MRI for medical treatment, and . . .
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Al-Nashiri Motions Hearing: August 6 Session

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Thursday, August 7, 2014 at 9:48 AM

This week’s pre-trial session in United States v. Al-Nashiri came to a close yesterday; courtesy of new Lawfare contributor Zoe Bedell, you’ll find summaries of the day’s key developments in our “Events Coverage” section, and links to those summaries below.  Enjoy. 8/6 Motions Hearing #1: Tu Quoque 8/6 Motions Hearing #2: MRIs and Skype

8/6 Motions Hearing #1: Tu Quoque

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Thursday, August 7, 2014 at 9:44 AM

Judge Spath begins today’s hearings noting that Al-Nashiri is not present. The court first hears testimony from the Guantanamo Staff Judge Advocate who had received Al-Nashiri’s waiver, Captain G, who walks through the standard certifications that the waiver was voluntary. The proceedings quickly turn contentious. Learned Defense Counsel Richard Kammen then stands and questions Captain . . .
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8/5 Motions Hearing #4: On the MCA’s Constitutionality and Statutes of Limitation

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Wednesday, August 6, 2014 at 8:16 PM

Judge Spath then moves to AE 295, a defense filing and the penultimate item on the agenda.  It’s a constitutional broadside against the commissions’ authorizing legislation. Major Hurley rises for the defense and asks that all charges be dismissed against al-Nashiri, “because the Military Commissions Act of 2009 is unconstitutional, specifically because it is designed . . .
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Programming Note: Military Commissions Coverage This Week

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Tuesday, August 5, 2014 at 9:03 AM

A little update from Lawfare HQ, regarding our remaining coverage of this week’s pre-trial motions hearings in the military commission case of United States v. Al-Nashiri: circumstances have conspired to keep your correspondent away from live-blogging the proceedings today, tomorrow and Thursday. As a consequence, and per our usual practice, Lawfare will await the issuance of transcripts each . . .
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