Archive for the Category ‘Law’

At Guantanamo, The Pursuit Of Justice Must Stand By Because Of Technical Difficulties

At Guantanamo, The Pursuit Of Justice Must Stand By Because Of Technical Difficulties

United States v. Mohammed, et al. resumed on Wednesday for the third day of this week’s pre-trial hearings. Each day of this week’s hearings have been impeded by technical problems that demonstrate that holding the trial at the Military Commission in Guantanamo Bay is several problematic. Continuing to hold the trials at the remote courtroom […]

Guantanamo Military Commissions: The Inexperience Of The Convening Authority

Guantanamo Military Commissions: The Inexperience Of The Convening Authority

The hearings for United States v. Mohammed, et al. resumed on Tuesday with the second day of examination of the defenses’ witness, Vice Admiral Bruce MacDonald, the former Convening Authority of the Guantanamo Military Commissions. Khalid Sheikh Mohammed and four other Guantanamo Bay detainees are charged with the planning and coordination of the 9/11 attacks. […]

KSM Military Commissions Hearing Still Marred By Procedural Legal Issues

KSM Military Commissions Hearing Still Marred By Procedural Legal Issues

At 0900, United States v. Mohammed, et al., reconvened on Monday for another week of hearings in the pretrial phase in the Guantanamo-based prosecution of five men charged with coordinating the 9/11 attacks. Monday’s hearing centered on the testimony of retired Vice Admiral Bruce McDonald, the Convening Authority of the Guantanamo Military Commissions from March […]

At Guantanamo War Court, A Question About Classified Information

At Guantanamo War Court, A Question About Classified Information

Pre-Trial hearing for Abd al-Rahim al-Nashiri, Day 2 At 0845, two guards, each with a hand on one of Nashiri’s shoulders, escorted the prisoner to his seat.  At 0904, Judge James P. Pohl took the bench. Classified information and Al Nashiri Major Allison Daniels, a thirty-ish woman,  argued this motion on Nashiri’s behalf, which dealt […]

Dispatch From Guantanamo: Can Spiral Notebooks Be Used As A Weapon?

Dispatch From Guantanamo: Can Spiral Notebooks Be Used As A Weapon?

The large courtroom has six, four-seat defense tables in a column, to the left of the courtroom, facing the front. The seat on the farthest left has a ring bolt beneath it, with a chain (concealed from the panel), for use if necessary. A column of five, three-seat desks sits on the right, with a box for the panel (“jury” not being the correct term) to its right. The bench, of course, is located at the front. Seats line the walls, looking outward from the walls. Say 24 on the left, and maybe 8 on the right to the front of the panel box. Military men sit in those chairs, all or most having earpieces, to provide security. They wear no visible sidearms, but our tour guide from the day before would not say whether they are armed. They rotate out every 15 minutes or so, to stay alert.

The Justice Department’s Assault On Northern Ireland’s Peace Process And The First Amendment

The Justice Department’s Assault On Northern Ireland’s Peace Process And The First Amendment

Oral histories of political movements give us glimpses of the participants who helped shape the world we know today. They often provide raw, personal first-hand accounts of peoples’ struggles. These projects also help to maintain historical truths that are often tainted by government revisionism and lost to cultural amnesia. Tacit confidentiality agreements between historians and […]

The 9/11 Five’s Defense Counsel Granted Limited Visitation Privileges to “Camp 7”

The 9/11 Five’s Defense Counsel Granted Limited Visitation Privileges to “Camp 7”

Judge James Pohl has granted the defense counsel in the 9/11 military commission limited access to Camp 7, the top secret prison home of the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his four co-defendants. The defense counsel teams initially requested a 48-hour access stint, which included the ability to sleepover with […]

KSM, Co-Defendants’ Legal Mail Ransacked And Seized

KSM, Co-Defendants’ Legal Mail Ransacked And Seized

Wednesday’s pre-hearings in, United States v. Mohammed, et al., ended in soap opera-esqe drama. The last motion of the day was postponed until Thursday morning when it was announced that the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and two of his co-defendants, had returned to their cells after yesterday’s session to find […]

Guantanamo Military Tribunals: A Soup Of Sound

Guantanamo Military Tribunals: A Soup Of Sound

Although unclear at times, the issue for the second day of pre-trial hearings in United States v. Mohammed, et al., concerned the extent to which “The Man Behind the Curtain” could monitor attorney-client and attorney-attorney privileged communications from both inside and outside the courtroom. Three witnesses testified to this issue. Based on what was said—  […]

KSM Trial Attorney Asks and Answers: “Am I Being Listened To When I Talk To My Client?”

KSM Trial Attorney Asks and Answers: “Am I Being Listened To When I Talk To My Client?”

The Guantanamo Bay military commission hearing, Untied States v. Mohammed, et al., continued on Monday after a hiatus of a week and a half. As was the case in the al-Nashiri hearing held in the interim, just who could listen in on what was again at center stage, with defense counsel protesting that the courtroom […]

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