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Tag Archives: USS Cole

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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Tools and Tradeoffs: Putting Out a Draft for Comments

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Wednesday, February 13, 2013 at 5:23 PM

My colleague at Brookings, Daniel Byman, and I have written a lengthy paper on the different tools the United States uses in going after citizens abroad believed to have allied themselves with the enemy. The paper is still a draft, but given the controversy over the White Paper, we thought was quite timely. Since one . . .
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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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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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The Last Refuge: Yemen, Al-Qaeda, and America’s War in Arabia

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Wednesday, January 9, 2013 at 10:29 AM

Whether you support or oppose the broader U.S. war on terrorism, you are likely to use Yemen to prove your point.  Those who are optimistic about the struggle contend that the Al Qaeda core has taken repeated body blows in Pakistan and decry the seemingly endless expansion of the battlefield to obscure fields of jihad . . .
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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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Nashiri Litigation in the ECHR

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Tuesday, August 7, 2012 at 7:34 AM

Just noticed this: It seems that the Open Society Foundations has brought suit in the European Court of Human Rights against at least two Eastern European countries on behalf of suspected USS Cole bomber, Abd al-Rahim Hussein Muhammad Al Nashiri. There’s this action against Romania. There’s also this action against Poland. Both allege that the states . . .
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Is There a Significant Distinction Between “al Qaeda” and “al Qaeda in the Arabian Peninsula”?

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Wednesday, November 3, 2010 at 3:48 PM

Al Qaeda in the Arabian Peninsula (“AQAP”) has been much in the news this year thanks to the attempted Christmas Day Bombing last December, the ACLU/CCR lawsuit challenging the government’s alleged plans to use lethal force against U.S. citizen Anwar al-Awlawki, and the narrowly-averted airmail bombings just last week.   From a legal perspective, one of . . .
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