Skip to content

Category Archives: Terrorism Trials

Terrorism Trials

Pretrial Proceedings in the 9/11 Case Resume Today

By
Wednesday, February 11, 2015 at 9:15 AM

Alas, Lawfare won’t be live-blogging the session, which presumably will reveal a bit more about what one accused, Ramzi Binalshibh, told the judge on Monday: that the detainee recognized one of his translators, who, as Binalshibh recalled, had worked at a CIA blacksite where Binalshibh had been held. This put the hearing on pause for a day; . . .
Read more »

On Judge O’Toole’s Stubborn Reluctance To Moving the Boston Bomber Trial

By
Tuesday, February 10, 2015 at 4:00 PM

Jury selection in the trial of  accused Boston Marathon bomber Dzhokhar Tsarnaev has dragged on for over a month. Since January 5, over 150 potential jurors have been questioned, and still the judge proceeds haltingly through a pool filled with preconceptions about Tsarnaev’s guilt and fury at what the bombing’s perpetrators. But despite these challenges, . . .
Read more »

Argument Recap: The Critical Difference in How al-Nashiri Loses

By
Tuesday, February 10, 2015 at 2:03 PM

If one thing was clear from Tuesday morning’s 61-minute argument before the D.C. Circuit in In re al-Nashiri, in which a Guantánamo military commission defendant seeks to challenge on constitutional grounds the composition of the intermediate Court of Military Commission Review (CMCR) assigned to hear the government’s interlocutory appeal in his case (which I previewed here), it was that . . .
Read more »

2/9 Session #2: The Translator, Part Two

By
Monday, February 9, 2015 at 10:59 AM

Our session is once more called to order.  The defense and accused are here, but now the Special Review Team is not—its place having been taken by the ordinary prosecution team.  (The two groups, you’ll recall, maintain strict independence from one another, given the conflict allegations arising from the FBI’s approach to a member of . . .
Read more »

9/11 Case Motions Hearing: February 9 Session

By
Monday, February 9, 2015 at 8:50 AM

Your correspondent returns to Fort Meade’s Smallwood Hall—venue for closed circuit TV monitoring of courtroom proceedings down at Guantanamo.  At the base in Cuba, the military commission case against the five alleged plotters of the 9/11 attacks will resume this morning at 9 a.m. We will follow along, and post dispatches throughout the day in . . .
Read more »

Chief Prosecutor Statement on This Week’s Hearing in the 9/11 Case

By
Sunday, February 8, 2015 at 10:00 PM

Here y’are.  Brig. Gen. Mark Martins’ remarks begin as follows: Good afternoon. On this day in 1949, the bill that ultimately became the Uniform Code of Military Justice was introduced into both houses of Congress, and on the same day two years later, the President prescribed the Manual for Courts-Martial. Creating uniformity of procedures across . . .
Read more »

The Meaningful Legal Differences Between Stateside and Guantánamo Detention

By
Thursday, February 5, 2015 at 3:30 PM

Gabor’s post from this morning, which is styled as a response to Ben’s thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to “close” Guantánamo is for President Obama “to either release all detainees or try them in our time-tested federal courts,” at least largely . . .
Read more »

al-Nashiri Argument Preview: The CMCR’s Appointments Clause Problem

By
Tuesday, February 3, 2015 at 8:17 AM

Next Tuesday, a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Pillard, JJ.) is set to hear oral argument in In re al-Nashiri, the latest in a long-line of pre-trial disputes arising out of the Guantánamo military commission proceedings against Abd Al-Rahim Hussein Muhammed al-Nashiri, who is accused of involvement in two terrorist attacks . . .
Read more »

Chief Prosecutor Statement on the Conclusion of This Week’s Al-Hadi Hearings

By
Saturday, January 31, 2015 at 8:55 AM

You’ll find it here. Thursday’s remarks by Chief Prosecutor Brig. Gen. Mark Martins open: Good afternoon. This week, the Military Commission convened to try the charges against Abd al Hadi al-Iraqi held its fourth series of pre-trial sessions without panel members present since he was arraigned. The charges against Abd al Hadi are only allegations. . . .
Read more »

Wednesday and Thursday at the Military Commissions: Al Hadi

By
Thursday, January 29, 2015 at 10:15 PM

Editor’s Note: This post represents a modest adjustment in Lawfare‘s military commissions coverage, one made necessary in part because of the surge in criminal hearings at Guantanamo in the coming weeks and months. For a full explanation, please see the first post in this series. Wednesday The second day of the week-long hearing in United States v. . . .
Read more »

Yesterday at the Military Commissions: Al-Hadi

By
Tuesday, January 27, 2015 at 7:55 PM

Editor’s Note: This post represents a modest adjustment in Lawfare‘s military commissions coverage, one made necessary in part because of the surge in criminal hearings at Guantanamo in the coming weeks and months. Previously, when Lawfare writers have been unable to live-blog Guantanamo proceedings by visiting a CCTV observation facility at Fort Meade, they have turned . . .
Read more »

Chief Prosecutor Statement on Opening of This Week’s Al-Hadi Hearing

By
Monday, January 26, 2015 at 9:27 AM

Here it is.  Last night’s statement from Brigadier General Mark Martins opens: Good evening. This week the Military Commission convened to try the charges against Abd al Hadi al-Iraqi will hold its third series of sessions without panel members present since he was arraigned on 18 June 2014. On that date, Abd al Hadi was . . .
Read more »

Al-Hadi Case: January 25 Session

By
Monday, January 26, 2015 at 9:18 AM

Today marks the first in a week-long hearing in the military commission case of United States v. Abd al Hadi al-Iraqi.  But unfortunately this week, Lawfare won’t be able to view—and blog about—the Guantanamo proceedings in nearly-live fashion, from a CCTV facility in Fort Meade, Maryland. Accordingly, as per our usual “backup” practice, we will review transcripts of each . . .
Read more »

Thoughts on the Al-Marri Release

By
Thursday, January 22, 2015 at 10:28 AM

In October 2009, Ali Saleh Al-Marri was sentenced to more than eight years in prison under a plea deal the Al Qaeda sleeper agent had struck with federal prosecutors. Quietly, on January 16, Al-Marri was released—having served just over five years of his time. Reports the Washington Post: Ali Saleh Mohammad Kahlah al-Marri, 49, was released from a maximum . . .
Read more »

The French Response to Terror: Counterterrorism Detention and Prosecutions Across the Atlantic

By
Wednesday, January 21, 2015 at 12:15 PM

In the aftermath of the Paris terror attacks on Charlie Hebdo and a kosher grocery, Western European security forces unleashed a dizzying storm of arrests and prosecutions and announced “exceptional” new measures to combat terrorism. In the space of just a few days, dozens of suspects were detained in Belgium, France and Germany, many of whom were questioned for days without . . .
Read more »

Welcome to Brooklyn: 2 AQ members who attacked US forces abroad brought to US for civilian trial

By
Tuesday, January 20, 2015 at 12:27 PM

An interesting development in the ongoing debate regarding the optimal disposition for captured al Qaeda members: The Justice Department has just announced that two al Qaeda members (both citizens of Yemen) were captured in Saudi Arabia (and have now been “lawfully expelled” to the United States to face a civilian criminal trial in the Eastern . . .
Read more »

Did the FBI Just Prevent an Attack in DC from a Homegrown ISIS Supporter?

By
Wednesday, January 14, 2015 at 6:12 PM

A very, very big arrest in Cincinnati today, involving allegations that a man named Christopher Cornell (online alias Raheel Mahrus Ubaydah) had planned to travel to DC in order to carry out an attack (via assault rifle) at the Capitol. It appears Cornell was arrested today after he purchased two ArmaLite M-15s. How did the . . .
Read more »

Law Enforcement as a Counterterrorism Tool

By
Monday, January 12, 2015 at 10:39 AM

As I read the exchange between Bryan, Wells and Jack about law enforcement versus military methods of dealing with terrorism, I was reminded of a speech I gave at the Brookings Institution in 2010, which was later turned into an article.  And, perhaps not surprisingly, I found that I continue largely to agree with myself, . . .
Read more »

France: At “War” With Radical Islam: A Brief Response to Jack Goldsmith

By
Sunday, January 11, 2015 at 9:47 AM

If someone had predicted a day that I would be agreeing with France’s socialist party Prime Minister more than with Jack Goldsmith, I would have told them I was more likely to be attacked by a crazed guinea pig (two of which we adopted for Christmas so maybe not all that unlikely).  But that day . . .
Read more »

On the Tired War v. Law Enforcement Distinction

By
Saturday, January 10, 2015 at 2:07 PM

I agree with much of what Wells says in response to Bryan Cunningham’s piece on War v. Crime, but thought I would add my two cents. It is not fair to say, as Bryan does, that the attacks in France were a “consequence” of a return to a “largely law enforcement approach to terrorism” by . . .
Read more »