It’s bright and early on a Thursday morning, and the military commission has reconvened for further pre-trial hearings in the Al-Nashiri case. After some preliminary matters, the commission turns to the matter at hand: the admissibility of evidence collected from the USS Cole.
Hearings continued on Wednesday in the Al-Nashiri case. After some preliminary matters, the commission turns immediately to the matter at hand: the testimony of Stephen D. Gill, on redirect. On Monday the 17th, Gill refused to travel to the Mark Center in Virginia to testify by video-link. In a Gitmo first, military judge Air Force Colonel Vance Spath authorized a writ of attachment to apprehend him and compel him to testify.
The Supreme Court handed down its ruling this week in RJR Nabisco, Inc. v. European Community, holding that the Racketeer Influenced and Corrupt Organizations Act (RICO) applies extraterritorially in certain cases. However, the Court held that RICO’s private cause of action, 18 U.S.C.
Yesterday, the ACLU filed a motion to join Microsoft’s ongoing challenge to the constitutionality of § 2705(b) of the Electronic Communications Privacy Act (ECPA), which permits the government to obtain gag orders that prohibit technology companies like Microsoft from disclosing to anyone that the government has obtained customer data. The case began last month when Microsoft filed a complaint in the District Court for the Western District of Washington.