We’re a long ways way off from a trial in United States v. Mohammed et. al.
That’s the essence of my Security States piece, which went up today. It begins:
So when will the 9/11 case go to trial,
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Many different motions get batted around during the pre-lunch period, but only two take up substantial argument time. (The remainder—among other things, AE120, regarding the prosecution’s proposed changes to the charge sheet, and a discovery motion regarding the interactions of … Read more »
In our next item, AE149, the defense seeks the return of computer hard drives and DVDs. These contain information—discovery and materials KSM and company prepared themselves— generated during the old days, when the government furnished the 9/11 detainees with laptops. … Read more »
Sox and Cards gear donned, game faces on, the parties and military judge reconvene. Lo and behold, four of the five accused are in the courtroom, the sole absentee being Mustafa Al-Hawsawi. He is so lawfully, having knowingly and voluntarily … Read more »
Lunch is done. The buffet and fixin’s are put aside here at Smallwood, as attention returns to the CCTV screen, and CDR George Massucco once more in the witness stand.
Prosecutor Jeffrey Groharing questions Massucco. Generally, have attorneys been able … 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 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 »
Wednesday on the Senate floor, three senators spoke about the Obama administration’s decision to prosecute, in a federal court, Osama bin Laden’s son-in-law and Al Qaeda spokesman Sulaiman Abu Ghaith. Republican Senators Kelly Ayotte and Lindsey Graham unsurprisingly opposed this … Read more »
As Wells noted, the Guantánamo Military Commission Convening Authority has declined to adopt Chief Prosecutor Brig. Gen. Mark Martins’s recommendation to withdraw the conspiracy charges against Khalid Sheikh Mohammed and the other 9/11 defendants. Withdrawal, which can be done … 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 »
In this special episode of the Lawfare Podcast, Military Commission Chief Prosecutor Brigadier General Mark Martins discusses his decision to recommend dropping conspiracy charges against Khalid Sheikh Mohammed and the other 9/11 defendants. Martins announced yesterday that in light … Read more »
Done with security review: four recent orders from the military judge, James Pohl, in United States v. Mohammed et al.
The first, AE60A, rejects a defense bid to uncover more information about Judge Pohl’s detailing of himself to the … Read more »
I agree entirely with Ken that DOD General Counsel Jeh Johnson’s speech on the end-of-conflict with al Qaeda “makes a serious attempt to grapple with the conditions defining the endgame” and is “a significant articulation of the US government’s view … Read more »
At this hour, Pentagon General Counsel Jeh Johnson is giving the following speech at the Oxford Union in England:
“The Conflict Against Al Qaeda and its Affiliates: How Will It End?”
Jeh Charles Johnson
General Counsel of the U.S. Department
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Apropos of the amendment proposed by Senator Feinstein and others, and tonight’s NDAA discussion in the Senate, here’s a quick review of S. 3254, the NDAA 2013 bill that the Senate Armed Services Committee unanimously approved earlier this year.… Read more »
Writing at the New York Times web site, Eric Lewis of Lewis Baach, describes a human rights agenda for the Obama administration’s second term:
First, he must release certain Guantánamo detainees, who have never been charged or tried. Of
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The New York Times has the story here about this new Human Rights Watch report concerning the handling of Libyan detainees transferred to Libyan custody after 2004. I haven’t read the report yet–by Laura Pitter–and, in general, my interest level … Read more »
The motions hearing that begins tomorrow in the 9/11 military commissions case is far too sprawling to preview motion by motion. Instead, we’ve broken it up thematically. Nearly all of the 25 motions on which Military Judge James Pohl will … Read more »
Speaking of national security issues that seemed to have dropped off of the public’s radar screen, this headline beckons the reader to an article in The Atlantic, written by Andrew Cohen and posted over the weekend:
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James Connell III, a lawyer for 9/11 accused Ali Abdul Aziz Ali, has released this statement regarding residual issues related to torture and coercion. In particular, he says that he and other lawyers expect to raise, at one or more … Read more »