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Tag Archives: Mark Martins

A Nugget of Real News in General Martins’s Statement

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Monday, August 4, 2014 at 7:36 AM

Last night, Wells posted a statement by Military Commissions Chief Prosecutor Mark Martins about the weeklong Nashiri hearing getting under way today at Guantanamo. The statement contains the following sentence: “I also assess at the present time that there are no additional prosecutions against Guantanamo detainees that would be made possible by the existence in the military . . .
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Statement of the Chief Prosecutor on Last Week’s Hearing in Al-Nashiri

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Monday, April 28, 2014 at 9:00 AM

Here it is.  The remarks of Brig. Gen. Mark Martins, the Chief Prosecutor at the military commissions, open thusly: In my remarks two weeks ago, I highlighted one woman’s bewilderment at how the open military commission trial encompassing the attack that killed her brother was being portrayed by certain private advocacy groups and members of the . . .
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Chief Prosecutor Statement on This Week’s Hearing in Al-Nashiri

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Monday, April 21, 2014 at 6:47 PM

Here it is.  The remarks, by Chief Prosecutor Brig. Gen. Mark Martins, open thusly: 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 . . .
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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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Statement by the Chief Prosecutor in the 9/11 Case

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Friday, October 25, 2013 at 7:33 PM

Here ’tis.  The remarks of the Chief Prosecutor begin as follows: Good evening. This week, the Military Commission convened to try the charges against Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi considered pre-trial issues raised by the defense and the prosecution. . . .
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10/25 Motions Session #6: When to Talk About When the Case Will Go to Trial

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Friday, October 25, 2013 at 3:56 PM

Next is AE175.  It is perhaps the prosecution’s most hotly anticipated item, and for good reason.  The motion asks the military judge to enter the prosecution’s proposed trial scheduling order.  Among other things, the filing seeks a trial date in September 2014. “A schedule,” says the Chief Prosecutor Mark Martins, can help us all get . . .
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10/25 Motions Session #5: On the Raising of Al-Qaeda Cash

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Friday, October 25, 2013 at 2:19 PM

We’re back from lunch.  How shall we proceed? The Chief Prosecutor, Brig. Gen. Mark Martins, proposes beginning with a motion to compel, AE167, before moving on to, among other things, argument on AE120.  Defense lawyer J. Connell III sees a better path, apparently; he observes that a Rule 505 conference would, if held, allow the . . .
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Article III Limits on Military Commissions, the (New) NIMJ Amicus Brief, and the En Banc D.C. Circuit

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Wednesday, June 12, 2013 at 10:30 AM

Wells already flagged yesterday’s news re: General Martins’ apparent skepticism about the availability of conspiracy and military commission charges in future military commission cases (at least those brought against the current Guantánamo detainees, all of whom could raise the same ex post facto argument as the one at the heart of Hamdan II). As Wells . . .
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On Wikipedia, Lawfare, Blogs, and Sources

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Monday, May 13, 2013 at 11:24 AM

A few months ago, I was asked to give a talk at the Pentagon on the concept of lawfare. I opened it with a story about how some months earlier I had tried had tried to edit the Wikipedia page on the word “lawfare” to include some of the more nuanced discussions of the subject . . .
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An Explainer on Hamdan II, Al-Bahlul, and the Jurisdiction of the Guantánamo Military Commissions

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Friday, April 26, 2013 at 10:30 AM

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 try defendants for pre-2006 instances of “standalone” conspiracy and providing material support for terrorism. Al-Bahlul has . . .
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Duke University Law School’s Law, Ethics, and National Security (LENS) Conference

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Tuesday, March 5, 2013 at 3:11 PM

Duke Law School held its annual LENS conference over the weekend. Its theme this year was “Battlefields, Boardrooms, and Backyards: The New Face of National Security Law.” Here is the conference program, and below are the videos of the various speakers and sessions: A Conversation with Brig. Gen. Mark Martins: Hon. Charles Blanchard, “Contemporary Ethical . . .
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Duke Law, Ethics, and National Security Center Conference Livestreaming Now

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Friday, March 1, 2013 at 12:10 PM

Congratulations to Duke Law School’s Charlie Dunlap, who as executive director of the Center has organized another outstanding LENS conference.  You can follow it live streaming from the link at the webpage.  At this very moment, Mark Martins, Chief Prosecutor of the Military Commissions, is delivering the lunch address.  I’ll be on later in the . . .
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Statement by the Chief Prosecutor Regarding Upcoming Hearings in the 9/11 Case

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Sunday, February 10, 2013 at 10:12 PM

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 the courtroom was briefly interrupted.  Many of you were viewing the proceedings at that time.  I am encouraged . . .
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No, General Martins Has Not “Gone Rogue”

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Sunday, January 27, 2013 at 8:56 AM

The New York Times has a news analysis piece by this morning the excellent Charlie Savage, which requires a moment’s reflection. Charlie is about as good a reporter as there is out there on Lawfare-related matters, and he has broken most of the stories related to the internal machinations within the executive branch over the future of . . .
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Military Commission Prosecutor’s Filings Regarding 9/11 Conspiracy Charges

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Saturday, January 26, 2013 at 8:39 AM

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 here, here, and here; and Chief Prosecutor Brig. Gen. Mark Martins’s podcast with Ben on the decision . . .
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An Amended Hearing Agenda, and More Conspiracy Charge News in the 9/11 Case

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Tuesday, January 22, 2013 at 12:14 PM

Fresh from a security scrub are these two items in United States v. Mohammed et. al.: first, an Amended Docketing order, wherein Judge James Pohl excises two previously scheduled defense motions to compel discovery from the agenda for next week’s hearing, and adds in five other defense requests—including one to compel discovery related to “White . . .
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What the Convening Authority’s Decision Means: Withdrawal Is off the Table, but Dismissal Is Still an Option

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Friday, January 18, 2013 at 5:23 PM

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 for any reason and at any time prior to trial findings being announced, would normally lead . . .
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Convening Authority Rejects Prosecution Bid to Dismiss Conspiracy Charges in the 9/11 Case

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Friday, January 18, 2013 at 2:55 PM

Whoa. Remember the Chief Prosecutor’s tactical recommendation to pull standalone conspiracy charges in the 9/11 case—in light of the D.C. Circuit’s analysis in Hamdan II, and the strong likelihood that the same court (or the Supreme Court) would follow Hamdan II, and invalidate conspiracy as a commission offense with respect to pre-2006 conduct? Well, the military commissions’ Convening . . .
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Charging Decisions After Hamdan II and Al-Bahlul: Al-Nashiri Seeks to Dismiss Conspiracy and Terrorism Charges

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Monday, January 14, 2013 at 8:40 PM

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 out a terrorism charge from the capital commission case, one of two ongoing at Guantanamo. The . . .
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The Conspiracy Decisions at DoJ and DoD—Some Thoughts

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Monday, January 14, 2013 at 10:58 AM

We refrained last week from expressing much opinion on the decisions by both Military Commissions Chief Prosecutor Mark Martins and by the Justice Department in the Al Bahlul case concerning how to handle stand-alone inchoate conspiracy charges after Hamdan II. We refrained both because the news was still breaking around us and because one of us . . .
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