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Tag Archives: Al Nashiri

Statement of Chief Prosecutor on Pre-Trial Motions in Al-Nashiri Case

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Wednesday, February 26, 2014 at 4:04 PM

The chief prosecutor in United States v. Al-Nashiri, Brig. Gen. Mark Martins, spoke at Guantanamo Bay today on the many pre-trial motions in the case. The introduction is below and you can view the full statement after the break. CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 26 FEBRUARY 2014 Twenty-one years ago today, at this hour, . . .
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Al-Nashiri Case Motions Hearing: February 25 Session

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Tuesday, February 25, 2014 at 8:47 AM

Pre-trial proceedings continue today down at Guantanamo—but on a closed basis.  Lawfare thus won’t be there, but will pick up with coverage of the military commission case of United States v. Al-Nashiri tomorrow.

Al-Nashiri Motions Hearing, 2/24 Session: A Slight Adjustment in Coverage

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Monday, February 24, 2014 at 7:25 AM

Today, Lawfare test-drives a slight adjustment to its military commissions coverage—one we previewed a while back. Jury duty will keep yours truly away from Fort Meade, and thus from almost-live blogging on the day’s events in United States from Al-Nashiri.  But that doesn’t mean we won’t cover the pre-trial motions session, which last met on Friday; instead it . . .
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Al-Darbi Arraignment Hearing

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Thursday, February 20, 2014 at 9:10 AM

Lawfare returns to Fort Meade’s storied CCTV outpost, this time for arraignment in the Guantanamo military commission case of United States v. Ahmed Mohammed Ahmed Haza al Darbi.  Along with the usual arraignment procedures, the gathered press expect announcement of a plea deal, whereby Mr. Al-Darbi, a Saudi, would receive a reduced sentence in exchange for assisting prosecutors . . .
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Statement from the Chief Prosecutor Regarding This Week’s Hearings in Al-Nashiri

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Sunday, February 16, 2014 at 8:45 PM

You’ll find the statement in full, here.  It opens as follows: Good evening. Abd Al Rahim Hussayn Muhammad Al Nashiri stands charged with serious violations of the law of war for his alleged role in attacking the United States warship USS Cole (DDG 67) and the French vessel MV Limburg and in attempting to attack . . .
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Three Military Commission Developments

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Sunday, February 16, 2014 at 3:31 PM

One in the recent past, two more in the very near future. The first came on Friday, when the government added a conspiracy count to the military commission charges against Guantanamo detainee Abdul Hadi al Iraqi.  (Charlie Savage covered the story for the New York Times.) These days we await the D.C. Circuit’s resolution of . . .
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Possible Tweaks to Military Commissions Coverage: Feedback Requested

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Tuesday, October 29, 2013 at 6:00 PM

We at Lawfare aim to please—that is, to provide useful stuff for folks who work on, report on, study, or simply care about tough issues at the intersection of national security and law.  That mission has made for all kinds of projects, one being the blog’s sustained effort to post, regularly and in almost real . . .
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Al-Nashiri Motions Hearing: June 12 Session

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Wednesday, June 12, 2013 at 8:32 AM

We are back at Fort Meade, ready to cover today’s almost live motions hearing in United States v. Al-Nashiri. The festivities will begin at 0900. Read our coverage of yesterday’s hearings here. We will update this post with links to our coverage; those individual posts will be published on our Event Coverage Page. June 12 Session . . .
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Hearings Resume Tomorrow in United States v. Al-Nashiri

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Monday, June 10, 2013 at 3:44 PM

We interrupt the week’s Snowden-related coverage with this tiny reminder: at 9 a.m. tomorrow, hearings resume in the military commission case of United States v. Al-Nashiri.   As always, we’ll follow the Guantanamo session from Fort Meade, via a nearly-live, closed circuit television feed. Proceedings were last held in February, when the military judge ordered an . . .
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Amici Retired Military Officials Seek to Participate in Al-Nashiri v. MacDonald Argument

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Thursday, April 25, 2013 at 6:00 PM

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 argument is a group of retired military admirals, generals and colonels, who earlier filed a brief as amici curiae.   The . . .
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Defense Seeks a Temporary Pause in the 9/11 Case

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Thursday, April 11, 2013 at 2:02 PM

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 attorney for 9/11 accused Ammar al-Baluchi, explained the pause request in a statement released earlier today.   Note that in the statement’s final paragraph, he attributes the continuance order in Al-Nasihiri to similar defense fears, in . . .
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Newsflash: Al Nashiri Hearings Postponed

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Thursday, April 11, 2013 at 11:18 AM

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 the motion. But Military Judge James Pohl has apparently granted the motion, and rescheduled the . . .
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Reminder: Hearings Resume Tomorrow in the 9/11 Case

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Sunday, February 10, 2013 at 9:59 PM

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 by all five accused, to prohibit the monitoring and recording of attorney-client conversations—in “any location, . . .
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Preservation of Audiovisual Equipment Ordered in the 9/11 Case

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Thursday, February 7, 2013 at 11:19 AM

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 GTMO security scrub.  But here’s how Connell summarizes the state of play: Today [February 6], the military judge responsible . . .
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Motions Hearing in the Al-Nashiri Case: February 4 Session

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Monday, February 4, 2013 at 6:50 PM

We’re back—live (sort of) from Guantanamo (sort of). It’s Monday at Fort Meade, and that means it’s time to open a multi-day motions hearing in the Nashiri military commission. You remember Abd al Rahim Hussayn Muhammad al-Nashiri, right? He’s the alleged Cole bombing mastermind on trial in the other major military commission case going on these days . . .
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Reminder: Hearings in Al-Nashiri Tomorrow

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Sunday, February 3, 2013 at 3:30 PM

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 things, defense requests: for the court to take judicial notice that the U.S. Constitution governs the proceedings (AE109); . . .
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Reminder: Hearings in the 9/11 Case Tomorrow

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Sunday, January 27, 2013 at 5:29 PM

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 week’s four-day session. Obviously, that’s waaay too many to digest in a single preview post.  Instead . . .
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Political Branch Determinations and Conflict Pre-9/11: Motion to Dismiss Denied in Al-Nashiri

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Wednesday, January 16, 2013 at 11:56 AM

This is interesting. Judge James Pohl yesterday denied—without prejudice—a key motion to dismiss (AE 104) brought by lawyers for Abd al Rahim Hussayn Muhammad al-Nashiri. In summary, the defense had claimed, first, that al-Nashiri was charged with offenses that were not committed in the context of and associated with “hostilities,” as they had to be . . .
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Upcoming Hearings in Al-Nashiri and the 9/11 Case

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Monday, January 7, 2013 at 1:30 PM

By way of reminder, this month we’ll cover military commission sessions in both of the capital cases pending at Guantanamo.   The commission will hear argument in United States v. Al-Nashiri from Tuesday through Thursday of next week, i.e. from January 15 through January 17.  Judge James Pohl’s docketing order identifies nine agenda items for that . . .
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Appellant’s Reply Brief Filed in Al-Nashiri v. MacDonald

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Saturday, December 29, 2012 at 11:05 AM

On Thursday, lawyers for Abd Al Rahim Hussein Al-Nashiri filed their reply brief in Al-Nashiri v. MacDonald, a civil case now pending before the United States Court of Appeals for the Ninth Circuit. Al-Nashiri, a defendant before the Guantanamo military commissions, had sued the commissions’ Convening Authority, retired Vice Admiral Bruce MacDonald in federal court. . . .
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