Charlie Savage has this story on the pre-trial agreement concluded over two years ago between the government and Noor Muhammed, a Guantanamo detainee and military commission defendant. The piece begins:
WASHINGTON — Lawyers for a detainee at Guantánamo Bay, Cuba,
The D.C. Circuit wants to know whether Ali Hamza Ahmad Suliman Al-Bahlul desires to continue challenging his conviction by a military commission. And the appeals court wants an answer from the accused himself, as it made clear in an order … Read more »
Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled “How to End the Forever War?” His remarks begin as follows:
Thank you, Mr. President and Members of the Union, for inviting me
Two interesting and related developments in the Al-Bahlul appeal now pending before the D.C. Circuit: first, it seems that in mid-April, the accused had passed a note to a JTF-GTMO guard, in which Al-Bahlul (among other things) said he wished … Read more »
As Raff noted last week, the lawyers for the defendant-appellant in United States v. al-Bahlul–the military commission case in which the D.C. Circuit surprisingly granted rehearing en banc–had moved to “clarify” the scope of such rehearing, including … Read more »
As Wells noted on Tuesday, the D.C. Circuit granted the government’s petition for rehearing en banc in Al-Bahlul v. United States. This is a very important development, as the full appeals court will now determine whether military commissions may … Read more »
The Ninth Circuit will hear oral argument in Al-Nashiri v. MacDonald on June 3. The civil appeal challenges the power of the Military Commissions’ Convening Authority to prosecute Al-Nashiri before a military tribunal at Guantanamo. Seeking to participate in the … Read more »
As Wells and Ben wrote yesterday, the D.C. Circuit granted the government’s petition for rehearing en banc in U.S. v. Bahlul. Today, the accused’s counsel asked the court to clarify instructions it issued in granting en banc review.
The D.C. … Read more »
That’s the word on the street, the military judge having granted the defense’s request for a continuance.
In seeking a delay, lawyers for the five defendants had expressed concerns about information technology. They said that court information security personnel had … Read more »
Now available in redacted form: the government’s opposition brief and the defendant’s reply in United States v. Ghailani, a criminal case arising from the 1998 bombing of U.S. embassies in Kenya and Tanzania, and now pending before the Second Circuit. … Read more »
The lawyers’ reason is twofold, apparently: first, a possible lapse in the security of computer networks operated by military commission defense counsel; and second, the disclosure of privileged defense emails to prosecutors by court security personnel.
James Connell III, an … Read more »
Just a few days ago, the counsel for military commission defendant Abd al Rahim Hussayn Muhammad al Nashiri filed a motion for a continuance, requesting that the four days of hearings slated for next week be delayed. The prosecution opposed … Read more »
As the recent decisions by the Court of Military Commission Review (CMCR) in the Guantánamo military commission ACLU/media access cases suggests, there are a host of complicated and heretofore unresolved questions about the scope of appellate and collateral review of … Read more »
Wells blogged previously about the efforts of various media groups and the ACLU to seek mandamus review before the Court of Military Commission Review (CMCR), challenging the scope of the protective order (which covers, among other things, the 9/11 trial) … Read more »
So we learn from this announcement, released this afternoon by the Department of Defense:
Secretary of Defense Chuck Hagel has designated Honorable Paul L. Oostburg Sanz to serve as the convening authority for military commissions.
Mr. Oostburg Sanz is
Military commission accused Ali Hamza Ahmad Sulaiman al-Bahlul has submitted his response to the government’s petition for rehearing by the full D.C. Circuit. In January, a 3-judge panel of that court vacated al-Bahlul’s conviction for conspiracy. The Department of Justice … Read more »
Mark your calendars.
Here’s the agenda for the next hearing in the 9/11 case, which is set to begin on April 22 and to conclude on April 26. From that document:
3. The Commission will hear argument on the following
As Steve noted on Tuesday, the government petitioned for rehearing in the military commission case of United States v. Al-Bahlul, asking the full D.C. Circuit to overturn: (1) a three-judge panel’s holding, in Hamdan II, that commissions lack jurisdiction … Read more »
Further to Ben’s points on Senators Ayotte and Graham, note that the latter suggests that the Administration did something improper, in its handling of Sulaiman Abu Ghaith:
“To bring this person to New York City, if that’s what happened,
Further to my last post on the capture and prosecution of Sulaiman Abu Ghaith, I now want to share a few thoughts on the prosecution side of things.
The indictment has been unsealed, and is now available here. It … Read more »
Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal–and the rather significant internal debate within the Administration about whether to accept the D.C. Circuit’s ruling in Hamdan II… Read more »
The Supreme Court apparently concluded, in a 5-4 decision, that plaintiffs lack standing to challenge certain government surveillance programs.
Here’s some background on the case; we’ll post the opinion as soon as we get a copy.
UPDATE [11:25 a.m.]: … Read more »
. . . . but only in 12-hour increments, according to The Chicago Tribune. Judge Pohl’s order (which is not yet available to the public) apparently rejected the defense’s bid for a 48-hour sleepover at Camp Seven. From … Read more »
So we learn from this petition, filed with the Court of Military Commission Review (“CMCR”) last Thursday.
Here’s a taste, from the document’s “Preliminary Statement:”
This petition for a writ of mandamus seeks to enforce the public’s constitutional right
We return from an hour’s break, with some GTMO press refreshed by milkshakes purchased from Fort Meade’s Burger King. A video teleconference with CDR Jennifer Strazza, our next witness, awaits. Some nuts and bolts precede her testimony—a stipulation about Echo … Read more »
Nine minutes past the hour, and the session resumes with some bickering about delays. Recess was supposed to last until 1300, but, alas, we’ve reconvened a bit after that. Judge Pohl wants an explanation for the delayed start time; apparently … Read more »
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 »
Judge Pohl reconvenes, and wonders: does the Defense have any issues that will need addressing tonight? For his part, Ruiz has a question regarding Admiral MacDonald’s testimony at 0900. Has the burden shifted to the prosecution on AE31, the motion … Read more »
Col. Sterling Thomas, counsel for al-Baluchi, calls our next witness: Ms. Robin Maher, a law professor and (most relevantly) Director of the ABA Death Penalty Representation Project.
Thomas inquires about the ABA’s 2003 Guidelines for the Appointment and Performance of … Read more »
Up next at the witness chair Ms. Robin Maher.
Wait—that’s not quite true. First, we have a sidebar about the Convening Authority, Bruce MacDonald. His testimony is set for tomorrow, on AE08 and AE31. The defense’s motion for discovery, AE47, … Read more »
Back from lunch. Col. Bogdan is still on the stand. Edward Ryan, a Justice Department lawyer, speaks for the prosecution. His questioning makes very clear: Bogdan has never recorded attorney-client visits, never authorized such recordings, and acknowledges that it would … Read more »
Our next witness is Army Col. John Bogdan, a military police officer and the joint detention group commander at GTMO since June 2012. Nevin questions him. Bogdan catalogs three types of visits with the high-value detainees at Echo II, GTMO’s … 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 »
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 »
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 »
Tuesday, May 21, 2013
William P. Barr (former Attorney General), Jamie S. Gorelick (former Deputy AG), and Kenneth L. Wainstein (former Assistant AG for National Security) have this Times op-ed on the AP subpoena controversy. They write:
While neither we nor the critics know the circumstances behind the prosecutors’ decision to issue this subpoena, we do know from the government’s public disclosures that the prosecutors were right to investigate this leak
