9/11 case

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Case Coverage: 9/11 Case

Statement from Military Commissions Chief Prosecutor Mark Martins

Military Commissions Chief Prosecutor Mark Martins released the following remarks yesterday at Guantanamo Bay preceding pre-trial hearings in Khalid Sheikh Mohammad et al. The hearings today and yesterday have been closed, but stay tuned for Lawfare's coverage of the 7/26 and 7/27 hearings.

 

Case Coverage: 9/11 Case

7/25 Session: Secret Detention, Ticking Clocks, and Sitting Alone at the Defense Table

Pre-trial hearings continue Monday morning at Guantanamo Bay in the case of the five men accused of plotting the 9/11 attacks. The sessions focuses on whether Walid Bin Attash has voluntarily waived his right to be present, questions regarding classification review, and whether or not there is a statute of limitations for a war crime in the miltiary court. 

Case Coverage: 9/11 Case

7/21 Session: A “Despicable” and “Perverse” Motion for Recusal, and a Possibly Toxic Courtroom

During Thursday's session at Guantanamo, Judge Pohl orders Walid Bin Attash to leave the courtroom, decides that he will not recuse himself in a ruling on past destruction of evidence, and hears a motion suggesting Camp Justice itself is contaminated. 

Case Coverage: 9/11 Case

2/23 Session: The "Touhy" Edition

This case's focus shifted to AE 386, the primary concern being how Touhy applies. First, does the CIA Touhy regulation exceed congressional delegation of power under 5 USC §301? Second, does the CIA Touhy regulation even govern the military commission process? And third, does the CIA Touhy regulation impose an unconstitutionally nonreciprocal burden on the defense?

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