Criminal Law: Procedural

Latest in Criminal Law: Procedural

Criminal Law: Procedural

Did the Fourth Amendment Require the FBI to Selectively Seize Weiner’s Emails?

Thanks to forensic software, investigators usually do not need to seize all of the data on a computer and can instead selectively copy portions for later analysis and use at trial. This raises the question: did the FBI violate the Fourth Amendment in seizing Huma Abedin’s emails instead of confining the seizure to Anthony Weiner’s communications?

Terrorism Trials: Civilian Court

On Judge O'Toole's Stubborn Reluctance To Moving the Boston Bomber Trial

Jury selection in the trial of  accused Boston Marathon bomber Dzhokhar Tsarnaev has dragged on for over a month. Since January 5, over 150 potential jurors have been questioned, and still the judge proceeds haltingly through a pool filled with preconceptions about Tsarnaev’s guilt and fury at what the bombing’s perpetrators.

Terrorism Trials: Military Commissions

Two Basic Problems With Abstention in Nashiri

Wells already flagged yesterday's D.D.C. decision by Judge Roberts, refusing to enjoin Abd Al Rahim Hussayn Muhammad Al Nashiri's impending trial by military commission, and abstaining from reaching the merits of his habeas petition until and unless he's convicted and is unsuccessful in the direct post-conviction appeal provided by the Military Commissions Act.

Criminal Law: Procedural

Al-Nashiri Motions Hearing, August 4 Session

Today your correspondent returns to Fort Meade, to take in CCTV-broadcasted, pre-trial hearings in the military commission case of United States v. Al-Nashiri.  The hearing gets underway at Guantanamo at 0900. As always, we'll post dispatches on the day's events, in our "Events Coverage" section.  You'll find links to those posts below, too.

8/4 Session #1: A New Judge, Part One

8/4 Session #2: A New Judge, Part Two

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