The government's (second) rehearing petition apparently was filed today in this long-running military commissions case. Offhand, it's not clear to me how the government can prevail---but we'll see.
Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.
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A programming note from Lawfare HQ: for the rest of this week, Lawfare unfortunately won't be almost-live-blogging pre-trial motions litigation in the military commissions case of United States v. Abd al Hadi al Iraqi.
A whopping two weeks of court time earlier had been reserved for pre-trial motions in United States v. Abd al Hadi al Iraqi---but not all of it will be filled with proceedings in the Guantanamo courtroom. The military judge's docketing order doesn't suggest a marathon, for one thing, but instead only sets a few motions for oral argument and allows for the calendar to be adjusted in light of in-court progress.
Judge Henry Hudson issued his order in this Lindh-esque terrorism prosecution on Monday.
Below you'll find the text of the Joint Comprehensive Plan of Action---the much-anticipated nuclear deal which Iran and six other nations apparently concluded earlier this morning.
Joint Comprehensive Plan of Action
Annex I Nuclear Related Commitments
Awesome, and apropos of an ongoing congressional hearing: Senator Ron Wyden's office has, with the use of Genius, responded to FBI Director James Comey's earlier Lawfare piece on "Going Dark" and encryption. Certainly worth a look.
I caught development one on social media last week: It seems Judge Royce Lamberth has set a hearing on Mukhtar Al Warafi's bid to end his detention at Guantanamo. The former Taliban medic, as readers well know, claims that assertions by the President, to the effect that the U.S.