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Tag Archives: United States v. Al Nashiri

Al-Nashiri Motions Hearing: April 27 Session

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Monday, April 28, 2014 at 4:26 PM

Yesterday, and in a somewhat unusual turn, court and counsel at Guantanamo met for the last day of a pre-trial motions hearing in United States v. Al-Nashiri.  I’ve got my hands on the transcripts, and will post summaries of yesterday’s big-ticket arguments in our “Events Coverage” section. As per usual, I’ll update this post with . . .
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Programming Note: Al-Nashiri Coverage This Week

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Wednesday, April 23, 2014 at 10:02 AM

A little reminder, for the military commissions-inclined and from Lawfare HQ: for the rest of this week, Lawfare unfortunately won’t be almost-live-blogging pre-trial motions litigation in United States v. Al-Nashiri.  Instead, and in keeping with our past “backup” procedure, we’ll opt today, tomorrow and Friday for a different coverage format. That is, Lawfare, in the person of Matt Danzer, will read the . . .
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Al-Nashiri Motions Hearing Postscript

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Tuesday, February 25, 2014 at 7:58 PM

Remember how I said Lawfare would return tomorrow, to cover further proceedings in the commission case of United States v. Al-Nashiri?  Well, we won’t be doing so after all; it turns out today’s closed session marked the last meeting of this pre-trial hearing. Motions hearings will resume in late April.

Al-Nashiri Motions Hearing: February 19 Session

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Wednesday, February 19, 2014 at 4:20 PM

Your correspondent returns to the Fort Meade CCTV outpost, to take in almost-live broadcasts of the day’s hearing in United States v. Al-Nashiri.  A little after 0900, we learn the answer to an important question, one left hanging on Monday: whether Abd al-Rahim al-Nashiri wants Rick Kammen, his civilian death penalty lawyer, to withdraw from the . . .
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Al-Nashiri Motions Hearing: February 17 Session

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Monday, February 17, 2014 at 9:06 AM

It’s a snowy day here at the Fort Meade CCTV facility.  Lawfare’s in the house, for the first of this eight-day, pre-trial motions hearing in United States v. Al-Nashiri.  Same format as always: dispatches throughout the day, in our “Events Coverage” section, with links to those below. Update [9:32 a.m.]: that was fast.  The case has been postponed . . .
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Order in Al-Nashiri on Past, Future Monitoring of GTMO Attorney-Client Meetings

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Thursday, August 8, 2013 at 9:30 AM

Monday’s ruling in United States v. Al-Nashiri, finds, first, that no monitoring  of attorney-client communications has taken place at JTF-GTMO for at least the past two years: Captain Welsh and Colonel Bogdan [until recently JTF-GTMO's Staff Judge Advocate, and currently the Comannder of its Joint Detention Group, respectively] testified convincingly that attorney-client communications have never been monitored . . .
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Al-Nashiri Motions Hearing: June 13 Session

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Thursday, June 13, 2013 at 8:36 AM

Your correspondent returns to Fort Meade’ Burba Cottage—our usual CCTV venue, Smallwood Hall, being unavailable—to take in another day of piped-in-from-Guantanamo hearings in United States v. Al-Nashiri.  As always, the gong will sound at 9 p.m.; as always, we’ll have almost-live posts up throughout the day in our Events Coverage section, with links to the posts . . .
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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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Docketing Orders for Upcoming Sessions in 9/11 and Al-Nashiri Cases

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Tuesday, March 12, 2013 at 5:37 PM

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 motions during the session: a. AE 008: Defense Motion to Dismiss For Defective Referral (witness . . .
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Motions Hearing in the Al-Nashiri Case: February 5 Session

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Tuesday, February 5, 2013 at 12:51 PM

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 piped in from Guantanamo’s Expeditionary Legal Center.  (Ben’s reporting, on yesterday’s session, can be found here.) We expect . . .
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What to Make of Judge Pohl’s Ruling? Letter Filings in Al-Nashiri v. MacDonald

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Friday, January 25, 2013 at 3:50 PM

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 case, one by the United States last Friday, and another by al-Nashiri’s lawyers  today. Some quick background: . . .
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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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Al-Nashiri: Delay of Game

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Friday, January 11, 2013 at 3:46 PM

From the Military Commissions’ website, we learn that the upcoming hearing inUnited States v. Al-Nashiri will be postponed: Pursuant to a request by defense, the military judge has rescheduled the motions hearings originally set for 15-17 January 2013. The new motions hearings will be held on 4-7 February 2013.  

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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Procedural Orders in Al-Nashiri

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Tuesday, December 11, 2012 at 11:56 AM

Last week, Judge James Pohl handed down five orders in the military commission case of United States v. Al-Nashiri—the capital case arising from, among other things, the attack on the USS Cole.   The rulings concern mostly minor issues of procedure and evidence.  Two of them (AE 112c and 113b) conclude, respectively, that the defense’s motions to “end . . .
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Coverage of Al-Nashiri’s Arraignment: Motions Hearing Part 3

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Monday, November 14, 2011 at 4:51 PM

At last, you have reached the final post in Lawfare’s coverage of the motions hearing portion of Abd al-Rahim al-Nashiri’s arraignment. The last argument focused on the defense’s motion to bar Joint Task Force–Guantanamo personnel from reading attorney-client communications in violation of the attorney-client privilege.  This part of the hearing, however, was simply much too long to . . .
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Coverage of Al-Nashiri’s Arraignment: Motions Hearing Part 2

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Monday, November 14, 2011 at 3:44 PM

Following discussion of post-acquittal detention, the al-Nashiri motions hearing continued with the defense’s second motion.  This motion involves the defense’s request that Military Judge Pohl allow in camera, ex parte requests to the Convening Authority for expert assistance while only providing minimal notice to the prosecution. A little background information on this issue is warranted.  The defense’s motion centers on . . .
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Coverage of Al-Nashiri’s Arraignment: Motions Hearing Part 1

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Monday, November 14, 2011 at 1:46 PM

I’m going to wrap-up Lawfare’s in-depth coverage of Abd al-Rahim al-Nashiri’s arraignment with some discussion of the post-arraignment motions hearing. Given the length of this part of the hearing, I’ll be presenting it in three parts, one for each of the three defense motions ruled on by Military Judge Pohl.  The first motion—whether al-Nashiri may . . .
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Al-Nashiri Arraignment Coverage: Voir Dire and Arraignment

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Friday, November 11, 2011 at 10:27 PM

Wednesday’s arraignment hearing of Abd al-Rahim al-Nashiri began about twenty minutes after 9 a.m., roughly two hours after most reporters arrived at the Ft. Meade, Maryland remote viewing location.  Before jumping into the details of the hearing, I want to note that attendance was surprisingly high at the Ft. Meade base theater.  Naturally, such attendance . . .
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Coverage of al-Nashiri’s Arraignment: Post-Hearing Press Conference

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Thursday, November 10, 2011 at 3:29 PM

Shaking things up a bit, I’m going to begin Lawfare’s in-depth coverage of Abd al-Rahim al-Nashiri’s military commission proceeding yesterday from the end—the roughly one-hour-long afternoon press conference that followed the morning hearing. As noted in my post yesterday, the press conference featured remarks from defense counsel, the chief prosecutor, and members of the victims’ . . .
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