Sophia Brill

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Sophia Brill is an associate in the litigation department at Morrison & Foerster LLP, in Washington D.C. She was previously an attorney in the National Security Division of the Department of Justice, where she worked on a range of legal policy and appellate matters. She is a graduate of Yale Law School.

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Military Commissions

2/11 Hearing #1: Who Hears What, the Chow at Guantanamo, and a Brief Delay

At 9:01, Judge Pohl takes the bench, authority-emanating robes and all.  All parties are present, including the five accused.  Prosecutor Robert Swann notes the continued presence of FBI personnel and an NYPD officer, who might eventually serve as witnesses.  KSM lawyer David Nevin rises, in order to preserve his objection to those persons ever taking the stand.

Our first (and, as we'll soon discover, only) order of business is AE133, and who can hear what, of the defense’s confidential conversations with their clients.

Case Coverage: 9/11 Case

1/28 Hearing #6: Who Hit the Censor Button? And Voluntariness, and a 505(h) Session

The parties return, the defense having debated and then chosen a procedure for litigating AE80, regarding the preservation of evidence of any existing detention facility.  Before we really learn from KSM lawyer David Nevin what the lawyers’ favored option is---it sounds as if we’ll move to a Rule 505(h) session, rather than attempting argument in open court immediately---the audio cuts out, and is replaced by white noise.  Then the video cuts out.  It’s blank screen time.  Smoke if you got ‘em.  
Case Coverage: Military Commissions

1/28 Hearing #5: Agreeing v. Acknowledging, and Some Detention Discussion

We’re back from lunch, with all parties present.   A procedural tidbit before beginning: we’re told that classified session will commence this afternoon at 3 p.m., likely in connection with motions relating to the CIA’s RDI program.  The word is that the court _ probably _ won’t return to open proceedings thereafter.  Thus, for practical purposes, our coverage likely will be done by 3.