Military Law

Accused Sept. 11 Plotters Want Secret Evidence and a Chance to File Motions

At least four out of five Guantanamo detainees accused of planning the Sept. 11 attacks are rejecting lawyers, but they are facing some difficulties as they try to represent themselves. One detainee known by his alias, Ammar al-Baluchi, told the judge he had written two letters and a legal motion,…

Jul 11, 2008 11:36 AM CDT

Justice Department Admits Snafu in Death Penalty Case

The U.S. Justice Department has admitted it erred when it failed to inform the U.S. Supreme Court that a law adopted in 2006 authorized the death penalty for child rape in military cases. The solicitor general’s office did not file a brief in the case, Kennedy v. Louisiana, the New…

Jul 3, 2008 12:25 PM CDT

U.S. Interrogation Model: Chinese Korean War Techniques

Military trainers teaching interrogators about possible techniques to use on detainees at Guantanamo Bay relied on Chinese methods used during the Korean War that often elicited false confessions, the New York Times reports. An interrogation expert told the Times that a chart showing the effects of “coercive management techniques,” part…

Jul 2, 2008 12:53 PM CDT

Blogger Points Out Substantial Error in Supreme Court Decision

A blogger has pointed out an important fact missed by Justice Anthony M. Kennedy and the authors of 10 Supreme Court briefs: The military has a law authorizing the death penalty for child rape. Kennedy wrote the majority opinion last week in Kennedy v. Louisiana, a 5-4 decision barring the…

Jul 2, 2008 11:34 AM CDT

If Not Gitmo, NIMBY, Senators Say; Detainee Not Yet Told of Appellate Win

After an appellate court ruling that a military prisoner held for more than six years without trial was improperly classified as an “enemy combatant,” the closure of the military detention facility at Guantanamo Bay—as called for by the presumptive presidential candidates for both major political parties—appears likely. But where should…

Jun 25, 2008 9:59 PM CDT

Supreme Court Accepts Whale Sonar Case

The U.S. Supreme Court has accepted a case that considers the Navy’s use of sonar in training exercises, opposed by environmental groups who contend it harms endangered whales. Solicitor General Paul Clement had argued a federal appeals court ruling in the case “poses substantial harm to national security,” SCOTUSblog reports.…

Jun 23, 2008 2:23 PM CDT

CIA Lawyer’s Torture Definition: ‘If the Detainee Dies, You’re Doing It Wrong’

Updated: Documents released yesterday indicate that CIA lawyers advised the Pentagon about permissible harsh interrogation techniques at Guantanamo. In one instance a CIA lawyer apparently indicated the definition of torture is flexible, the Washington Post reports. Minutes of one Guantanamo meeting in October 2002, which don’t provide a verbatim transcript,…

Jun 18, 2008 10:56 AM CDT

Ex-Pentagon Lawyer Says He Researched ‘Real Manchurian Candidate Stuff’

A former Pentagon lawyer scheduled to testify today before the Senate Armed Forces Committee told the New York Times he researched psychological studies about the effects of interrogation after his superiors expressed frustration about Guantanamo detainees withholding information. The lawyer, Richard Schiffrin, said the information he obtained included studies of…

Jun 17, 2008 2:38 PM CDT

Claimed China Hack Attack Targets: US Gov’t, Business and Utilities

After news that China may have secretly copied information in the U.S. commerce secretary’s laptop last year, a Congressman says that’s far from the only intrusion for which computer hackers there may be responsible. China also seems to have been hacking into computers in Congressional offices, Rep. Frank Wolf (R-Va.)…

Jun 11, 2008 7:19 PM CDT

Most Gitmo Prisoners at Psychological Risk, Report Says

Held under conditions even more stringent than those in “supermax” prisons in the U.S., many detainees at the Guantanamo Bay military prison in Cuba are at least at risk of psychological breakdown, a human rights group reports. Of 270 prisoners at Gitmo, 185 are held in solitary confinement for 22…

Jun 10, 2008 4:00 PM CDT

Appeals Court Throws Out Challenge to ‘Don’t Ask, Don’t Tell’

A federal appeals court has thrown out a lawsuit challenging the military’s “don’t ask, don’t tell” policy, creating a circuit split. The Boston-based 1st U.S. Circuit Court of Appeals said Congress is given the highest deference in regulating military affairs. The 2-1 opinion (PDF) issued yesterday in Pietrangelo v. Gates…

Jun 10, 2008 11:01 AM CDT

Accused Sept. 11 Mastermind Rejects Lawyers, Accepts Death Penalty

The alleged mastermind of the Sept. 11 attacks told a court at his arraignment today that he welcomes the death penalty because it will allow him to be a martyr. Khalid Sheik Mohammed spoke in response to a warning that he faces the death penalty for confessing his role in…

Jun 5, 2008 4:53 PM CDT

Accused Sept. 11 Conspirators to Be Arraigned Tomorrow

The alleged mastermind of the Sept. 11 attacks and four accused conspirators are scheduled to be arraigned tomorrow at Guantanamo Bay. Military law experts told the Washington Post the conspiracy case could be one of the most important criminal trials in modern U.S. history. The trial could focus as much…

Jun 4, 2008 1:34 PM CDT

Detainee’s Sanity Threatened by Isolation, Lawyers Say

Lawyers for designated enemy combatant Ali Saleh Kahlah al-Marri say his sanity is threatened by years of solitary confinement. Marri, accused of being a sleeper agent for al-Qaida, has been held in a Navy brig for 6½ years without a trial. His lawyers say the years he has spent in…

Jun 4, 2008 1:12 PM CDT

Guantanamo Judge Ousted in Case of Canadian Youth

The judge presiding over the Guantanamo prosecution of Canadian youth Omar Khadr has been dismissed from the case. The judge, Army Col. Peter Brownback, had recently been at odds with prosecutors in the case, Reuters reports. Earlier this month Brownback ordered prosecutors to turn over key evidence to defense lawyers.…

May 30, 2008 2:23 PM CDT