Guantanamo Bay

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Military Commissions

Update From the Military Commissions: A Big September in the 9/11 Case

Last month, the military commission for the matter of United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 trial) held a marathon three weeks of nearly back-to-back hearings. After being held up by delays in the publication and release of relevant transcripts, this post summarizes these proceedings and identifies several areas of potential interest, including testimony from two FBI special agents regarding their interviews with the defendants and their prior knowledge of alleged torture by the CIA.

September 9

Military Commissions

Update on the Military Commissions: Continued Health Issues, Recusal Motion and a New Cell in 'al-Iraqi'

The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened Aug. 21-28. You can find previous Lawfare coverage here and here.

Documents

Document: D.C. Circuit Vacates Orders of Nashiri Judge

The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday issued its opinion in In Re: Abd al-Rahim Muhammed al-Nashiri. The court held that Col. Vance Spath, the judge in the al-Nashiri case, should have been disqualified from his position while seeking a job as an immigration judge with the U.S. Department of Justice. The court vacated every order Spath has issued since Nov. 2015 as well as related rulings by the Court of Military Commissions Review.

Military Commissions

Last Week at the Military Commissions: Bug Sweeps, Defendants’ Sixth Amendment Confrontation Rights, Existence of Pre-9/11 Hostilities and More

In a session cut short by a stay from the Court of Military Commission Review (CMCR), the military commission in United States v. Khalid Sheikh Mohammad, et al. (i.e., the 9/11 military commission) reconvened on March 25-27. See here for previous Lawfare coverage.

Military Commissions

Last Week at the Military Commissions: A New Judge and Testimony on Unlawful Influence

Last week, the military commission in United States v. Khalid Sheikh Mohammed et al. reconvened for pretrial proceedings, meeting in open session on Sept. 10, 11, and 12. The commission covered Col. Keith Parrella’s replacement of Col. James Pohl as the presiding military judge, began discovery motions, and interviewed witness Lieutenant Doug Newman.

Parrella’s Transition into the Role

Military Commissions

Last Week at the Military Commissions: Undue Influence and Other Issues in the 9/11 Case

Last week, the military commission in United States v. Khalid Shaikh Mohammad et al. reconvened for pretrial proceedings, meeting in open session on July 23 and 25, and in closed sessions on July 24 and 26. The commission covered a wide range of topics, including motions relating to unlawful influence by CIA director Gina Haspel, FBI influence in CIA interrogations, denial of a public trial, errors regarding classification determinations, and competing theories of "hostilities" under the law of war.

Podcasts

The National Security Law Podcast: Episode 7

We are happy to report that Episode 7 of the National Security Law Podcast ("The Less Prep the Better") has just gone live. In about 42 minutes, we discuss:

- the Trump allegation about being wiretapped

- the Trump allegation about GTMO recidivism (and the Spicer follow-up about just when judges got involved in ordering GTMO releases)

- the Vault7/Wikileaks mess

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