Last night, President Trump nominated Judge Neil Gorsuch of the Tenth Circuit Court of Appeals to fill the ninth seat on the Supreme Court. We have mined Judge Gorsuch’s opinions in the areas likely of interest to Lawfare’s readers — immigration, separation of powers, the Fourth Amendment, administrative law, international law, and foreign affairs.
Clara Spera is a 3L at Harvard Law School. She previously worked as a national security research intern at the Brookings Institution. She graduated with an M.Phil from the University of Cambridge in 2014, and with a B.A. from the University of Chicago in 2012.
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This Week at the Military Commissions, 12/14 Session: We Actually Read Those Books About CIA Interrogations
This morning’s proceedings in the Nashiri case begin with standard procedural discussions, including noting that the accused waived his right to be present at that morning’s commission hearing. Military judge Air Force Colonel Vance Spath, allows the government to question the relevant Assistant Staff Judge Advocate to ensure that Nashiri was made aware of his right to attend the hearing and properly gave his informed consent to waive his presence.
On Tuesday, the case of U.S. v. Abd al Hadi al-Iraqi was called back to session but, this time, not with the usual players. Colonel Peter S. Rubin of the USMC replaced Captain Waits as the military judge presiding over the commission. Because of this shake-up, which was not explained during the course of the hearing, Colonel Rubin opened the floor for voir dire. The trial counsel had no immediate questions for the judge, but the defense counsel, led by Brent Rushforth, spent the first morning session questioning the judge.
Today, the Senate will vote on proposed gun control legislation. While it is unclear if Senate Democrats will be able to garner enough support from Republican colleagues to pass any of the Democrat-backed proposals—which are being presented as amendments to the Commerce, Justice and Science appropriations bill, which was already on the floor—here, we offer a round-up of the various proposals.
I. Preventing the Sale of Guns to Suspected Terrorists
Following the two morning sessions, Col. Pohl called the commission back to order after a lengthy Memorial Day lunch.
Prosecutors colloquially call it “sextortion.”
Legally speaking, there’s no such thing. The word is a kind a prosecutorial slang for a class of cases that do not correspond neatly with any known criminal offense.