Lauren Bateman

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Lauren Bateman is a student at Harvard Law School, where she is an editor of the Harvard Law Review. She previously worked as a National Security Legislative Correspondent for Senate Majority Leader Harry Reid, and she takes a special interest in legislative procedure. She also interned for the United States Attorney's Office for the District of Nevada, and was a Research Fellow for the Project on National Security Reform. She graduated with a B.A., magna cum laude, in History and Government from The College of William & Mary in 2009.

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Secrecy: State Secrets Privilege

Government Asserts State Secrets Privilege in Defamation Suit Against Non-Profit

Last week---and in a somewhat unusual development---the Department of Justice filed a motion to intervene, stay, and dismiss a private lawsuit against a non-profit organization, citing the state secrets privilege. In short, the United States believes that the litigation's further progress might risk the release of national security information. 

Military Commissions

8/5 Motions Hearing #3: Cole Photographs and the Yemen Friendship Agreement

In the final session for the day, Judge Spath announces he has come to a ruling on AE277.  This is the defense's bid for Al-Nashiri to have an MRI examination, presumably in order to unearth the damage wrought by his abuse at CIA hands. The item had been the subject of a secret Rule 505(h) session on Monday, wherein the parties discussed the handling of classified information and the need (if any) to close the courtroom.
Case Coverage: Military Commissions

8/5 Motions Hearing #2: Things Classified

When the Court reconvenes, Major Tom Hurley begins argument on AE 280. In it, the defense requests that summaries of classified discovery be marked with more granular classification information.  Specifically, the defense objects to the government's practice of marking whole documents as classified; instead, the defense wants the government to go through the process of reviewing the documents paragraph-by-paragraph to determine what must be withheld from the defense and from the public.