Statement of the Chief Prosecutor on Last Week’s Hearing in Al-Nashiri
Here it is. The remarks of Brig. Gen. Mark Martins, the Chief Prosecutor at the military commissions, open thusly: In my remarks two weeks ago, I highlighted one woman’s bewilderment at how the open...
View Article4/27 Motions Hearing #1: Military Jurors and Defense Investigators
Our special Sunday session convenes at 9:02, with all parties present—including Al-Nashiri. The group commences with the briefest procedural discussion of AE120C, better known as the government’s...
View Article4/27 Session #3: Dr. 97 and AE205
We’ll hear next from a much-anticipated witness called by the defense: an Army psychiatrist who—as Judge Pohl rules from the bench, overruling defense objections—will testify under a pseudonym after...
View ArticleFilings from Al-Nashiri’s Habeas Challenge in the D.C. District Court
You’ve likely heard: Abd al-Rahim al-Nashiri, a Guantanamo detainee facing capital military commission charges, last month mounted a new habeas challenge in the district court for D.C. A few key...
View ArticleAl-Nashiri Motions Hearing: Nov. 5 Session
Hey GTMO fans: the estimable Matt Danzer’s digests of yesterday’s hearing in this capital Guantanamo military commissions case can be found below, and in our “Events Coverage” section. Keep an eye on...
View ArticleICYMI: Coverage of Last Week’s Hearing in Al-Nashiri
ICYMI, GTMO policy folks: Matt Danzer’s final round of digests on last week’s hearing in United States v. Al-Nashiri can be found below, and in our “Events Coverage” section. (Earlier coverage of the...
View ArticleThe D.C. Circuit’s Mandamus Jurisdiction and the Legitimacy of the Military...
It now appears that the next military commissions case in which the D.C. Circuit will hear oral argument is that of Abd al-Rahim al-Nashiri (“Nashiri”), with oral argument scheduled before an as-yet...
View ArticleTwo 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...
View Articleal-Nashiri Argument Preview: The CMCR’s Appointments Clause Problem
Next Tuesday, a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Pillard, JJ.) is set to hear oral argument in In re al-Nashiri, the latest in a long-line of pre-trial disputes arising...
View ArticleArgument Recap: The Critical Difference in How al-Nashiri Loses
If one thing was clear from Tuesday morning’s 61-minute argument before the D.C. Circuit in In re al-Nashiri, in which a Guantánamo military commission defendant seeks to challenge on constitutional...
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