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Tag Archive: Al-Nashiri

What’s Going on at Gitmo?

 

Big news out of Guantánamo today: Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions, was found guilty of contempt and sentenced to 21 days confinement and to pay a $1,000 fine.

This is the latest dramatic development in the the Military Commission’s efforts to try Abd al Rahim al Nashiri for the U.S.S.  continue »

Can Defense Counsel Ever Be Lawfully Surveilled by the Government?

 

David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules applicable to the publically known facts about the decision by Brig. Gen. John G. Baker, the chief defense counsel for the Military Commissions, to disband the defense’s trial team in the military commission case of United States v.  continue »

The Guantánamo Ethics Mess

 

The latest episode in the Military Commission’s efforts to try Abd al-Rahim al-Nashiri for the U.S.S. Cole bombing is a dramatic dispute between Air Force Col. Vance Spath, the military judge in al-Nashiri’s case, and civilian defense counsel who are attempting to withdraw from the case for ethical reasons.…   continue »

The CMCR’s Latest (Non-)Decision in al-Nashiri [UPDATED with links to supplemental briefs]

After a very long delay, and a couple of new presidential appointments of military judges to the court (resolving one of the two serious structural problems Steve has described elsewhere), the Court of Military Commission Review has finally issued its decision in the government’s interlocutory appeal on the MV Limburg aspect of the case against Abd al-Rahim Hussain al-Nashiri.…   continue »

Determining When the Armed Conflict With Al-Qaeda Started

A panel of the DC Circuit recently held oral arguments in the case of Abd al Rahim al-Nashiri — a Saudi man accused of involvement in numerous terrorist plots and attacks against western ships, including the American destroyer USS Cole. Much of the discussion turned on the question of whether the United States and al-Qaeda were engaged in an armed conflict during al-Nashiri’s alleged conduct: the January 2000 attempted bombing of the USS The Sullivans; the October 2000 bombing of the USS Cole, most notably; and the 2002 bombing of the M/V Limburg.…   continue »

Closing Guantánamo, Episode XXVIII: This Time, We Really, Really (Really!) Mean It…

Word has it that, later today, the Obama administration will release its long-ballyhooed Plan. To. Close. Guantánamo. (Not to be confused, mind you, with the original plan from back in 2009, or the one after that, or the one after — well, you get the idea.) I could’ve waited to write this post until the details emerge, but — let’s be honest — the details aren’t going to matter.…   continue »