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; … Read more »
The government has filed its brief in Al Laithi v. Rumsfeld and Celikgogus v. Rumsfeld, a case involving the consolidated claims of former Guantanamo detainees against former government officials in their individual capacities. The detainees seek civil damages, alleging … Read more »
We blogged earlier in the week about a motion brought by four detainees at Guantanamo—-Ahmed Belbacha, Nabil Hadjarab, Abu Wa’el (Jihad) Dhiab, and Shaker Aamer. The quartet seeks a preliminary injunction against force feeding, and yesterday filed a reply … Read more »
Earlier this week Ben posted on a motion, brought by a group of Guantanamo detainees and asking the District Court to preliminarily enjoin force-feeding at the detention facility. The court ordered the United States to respond almost immediately, and … Read more »
In his NDU speech, President Obama asserted that “there is no justification beyond politics for Congress to prevent us from closing a facility that should never have been opened.” As has become fairly typical, he thus blamed the Guantanamo conundrum … Read more »
Ask and you shall receive…
No sooner had I observed on Friday that the President had still not named the two senior envoys at the State and Defense Departments to help with Guantanamo transfers than the Huffington Post reports that … Read more »
Three weeks ago yesterday, in his NDU speech, President Obama announced:
I’m appointing a new senior envoy at the State Department and Defense Department whose sole responsibility will be to achieve the transfer of detainees to third countries.
Obviously, … Read more »
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 … Read more »
President Obama and his team pledged in 2009 to work hard with Congress to close GTMO. There appeared to be little White House follow-up for the next four years, however. And indeed, the administration consistently found itself on the defensive … Read more »
The BBC is reporting that British forces have been holding up to 85 Afghan detainees at a base in Afghanistan, some for as long as 14 months. A British official is quoted as saying “Many are either suspected killers of … Read more »
That’s the title of this interesting little photo collection. The New York Times’ Charlie Savage posted the pictures of the detention facility’s library.
… Read more »
Detainees and guards clashed violently early yesterday morning at Guantánamo Bay. See reports from the Washington Post, the New York Times, and NBC. In response to the hunger strikes the detainees have engaged in for the past … Read more »
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 … Read more »
The Guantánamo military commissions yesterday released—after a security review—a pair of important filings by the Office of the Chief Prosecutor (OCP), regarding the ongoing controversy over the conspiracy charges against the five 9/11 defendants. (For background, see our prior coverage … Read more »
What, if anything, do developments in the military commission case of United States v. al-Nashiri portend for Al-Nashiri v. MacDonald, an ongoing, civil challenge to the accused’s war crimes prosecution? The question arises in letters filed in the civil … Read more »
I’m pleased to report that a group of former Obama Administration lawyers (including yours truly) has just submitted to the Senate Select Committee on Intelligence a letter expressing our strong support for John Brennan’s nomination to be Director of the … Read more »
Judge James Pohl apparently has rejected the defense’s bid, in the 9/11 case, to presume (subject to rebuttal) the Constitution’s application to military commission proceedings.
We don’t have the court’s order yet, but we do have this statement from James … Read more »
Reported on Friday by the Miami Herald’s Carol Rosenberg: defense attorneys in United States v. Al-Nashiri filed a renewed motion to dismiss the conspiracy charge against their client. At the same time, the lawyers reactivated an earlier request to throw … Read more »
Further to Ben’s post on Jennifer Daskal’s NYT Guantanamo op-ed today, over at Opinio Juris I comment on a different part of the op-ed. Ben refers in part to reasons Jen offers why a transfer of Guantanamo detainees to the … Read more »
Fresh from the Guantanamo security scrub: an amended docketing order for the upcoming hearing, late this month, in United States v. Mohammed et. al.
Judge James Pohl has set forth 23 motions for argument:
a. AE 018: Government Motion for
… Read more »