http://www.abajournal.com/news/ en Copyright 2013 2013-05-25T02:08:23-06:00 http://www.abajournal.com/news/article/in_narrow_ruling_top_military_court_reverses_conviction_for_suicide_attempt/ The military’s highest court has reversed the conviction of a serviceman who slit his wrists in a case that was closely watched because of the debate over such prosecutions. The 3-2 decision in the case of Pvt. Lazzaric Caldwell was narrow, however, and didn’t address whether or when cases of… Criminal Justice, Military Law Wed, 01 May 2013 10:34:37 -0500 43989.abajournal.com http://www.abajournal.com/news/article/bombing_suspect_to_be_tried_in_civilan_courts_white_house_says/ Updated: The White House on Monday put to rest speculation about how the prosecution against Boston Marathon bombing suspect Dzhokhar Tsarnaev would proceed. The administration announced that Tsarnaev would be tried on terrorism charges under civilian law, the Associated Press reports. A court official confirmed that Tsarnaev… Criminal Justice, Criminal Procedure, Executive Branch, Military Law, Terrorism Mon, 22 Apr 2013 12:14:39 -0500 43855.abajournal.com http://www.abajournal.com/news/article/chicago-area_teen_accused_of_supporting_terrorism_overseas/ Federal authorities have arrested a Chicago-area teenager who they maintain was on his way to Syria to join a jihadist militant group. The FBI arrested Abdella Ahmad Tounisi, 18, at O’Hare Airport last Friday while he was attempting to board a flight bound for Istanbul, Turkey, according to stories in… Criminal Justice, Military Law, Terrorism Mon, 22 Apr 2013 06:39:08 -0500 43844.abajournal.com http://www.abajournal.com/news/article/4_gop_lamakers_push_for_boston_bombing_suspect_to_be_declared_an_enemy_comb/ Four Republican lawmakers have urged President Obama to declare the captured Boston Marathon bombing suspect an enemy combatant while the investigation into the chain of events continues. But the New York Times points out that while suspect Dzhokhar Tsarnaev… Civil Rights, Constitutional Law, Criminal Justice, Military Law, Terrorism, Guantanamo/Detainees Mon, 22 Apr 2013 05:49:06 -0500 43842.abajournal.com http://www.abajournal.com/news/article/military_judge_postpones_9_11_cases_due_to_nearly_catastrophic_server_crash/ A military judge overseeing the cases of detainees accused of plotting the 9/11, terrorist attacks has postponed hearings scheduled for next week after what a Pentagon official described as "a nearly catastrophic server crash.” Defense lawyers had previously complained about document losses and confidential email provided to prosecutors, which resulted… Criminal Justice, Death Penalty, Executive Branch, Military Law, Terrorism, Trials & Litigation Wed, 17 Apr 2013 12:50:53 -0500 43778.abajournal.com http://www.abajournal.com/news/article/us_tortured_after_9_11_says_independent_constitution_project_panel_report/ In the most ambitious effort so far by an independent, bipartisan group to assess American detention and interrogation programs after the 9/11 terrorist attacks, a Constitution Project panel has concluded that “it is indisputable that the United States engaged in the practice of torture” in its treatment… Constitutional Law, Executive Branch, Military Law, Terrorism, Guantanamo/Detainees Wed, 17 Apr 2013 12:10:21 -0500 43768.abajournal.com http://www.abajournal.com/news/article/it_workers_gave_federal_prosecutors_540k_emails_between_gitmo_defense_lawye/ An order by the chief defense lawyer for Guantanamo Bay military tribunals that banned colleagues from using the Pentagon's computer system for confidential documents and emails followed news that information technology workers for the government had shared 540,000 defense emails with prosecutors. The sharing resulted from an apparently legitimate search,… Constitutional Law, Criminal Justice, Cybersecurity, Executive Branch, Military Law, Trials & Litigation, Evidence Fri, 12 Apr 2013 14:40:37 -0500 43710.abajournal.com http://www.abajournal.com/news/article/gitmo_defense_lawyers_lose_docs_on_pentagon_computers/ After the disappearance of multiple documents and intrusions into the Pentagon computer system used by lawyers representing terrorism defendants, both military and civilian attorneys have been ordered not to use their computers for drafting confidential documents or email. “I honestly don’t know how bad it is. All I know is… Civil Rights, Constitutional Law, Criminal Justice, Death Penalty, Cybersecurity, Military Law, Terrorism, Guantanamo/Detainees, Trials & Litigation, Evidence, International Courts/Tribunals Thu, 11 Apr 2013 15:00:38 -0500 43694.abajournal.com http://www.abajournal.com/news/article/chuck_hagel_military_law/ Chuck Hagel, the U.S. defense secretary, will ask Congress to change military law that allows senior commanders to set aside or modify jury convictions for major crimes, including sexual assault, Reuters reports. Hagel in March asked the Pentagon to review the law after a senior commander set aside… Military Law Mon, 08 Apr 2013 17:41:14 -0500 43641.abajournal.com http://www.abajournal.com/news/article/service_members_who_allege_sexual_assault_are_provided_with_lawyers_in_air_/ In a new pilot program, the U.S. Air Force is providing free legal counsel to service members who say they have been sexually assaulted. The aim is “to keep sexual assault investigations from stalling before court-martial,” according to the Colorado Springs Gazette. The Criminal Justice, Military Law Tue, 02 Apr 2013 10:20:36 -0500 43523.abajournal.com http://www.abajournal.com/news/article/military_judge_refuses_to_accept_guilty_plea_from_fort_hood_shooting_suspec/ Fort Hood shooting suspect Maj. Nidal Hasan won’t be able to avoid trial in the fatal shooting of 13 people. Hasan sought to plead guilty to 13 counts of premeditated murder, but a judge said on Wednesday that military law bars her from accepting the plea, report the Criminal Justice, Military Law Thu, 21 Mar 2013 07:04:40 -0500 43380.abajournal.com http://www.abajournal.com/news/article/new_manual_applies_battlefield_rules_to_cyberwar/ In what is being billed as the first effort to apply the traditional rules of war to state-sponsored hacking, a think tank has released a treatise on the legal parameters of cyberwar. In discussions that are often advisory because of the cutting-edge topic, the Tallinn Manual (named… Constitutional Law, Cybersecurity, International Law, Legal Theory, Military Law Tue, 19 Mar 2013 13:26:41 -0500 43346.abajournal.com http://www.abajournal.com/news/article/a_drone_strike_in_a_us_cafe_in_a_catastrophic_attack_holder_responds_to_que/ Attorney General Eric Holder is providing a simple answer to Sen. Rand Paul’s latest questions about drone strikes. The Republican senator from Kentucky talked for nearly 13 hours in a Senate filibuster on Wednesday as he demanded answers about the government’s drone strike policy. Holder responded on Thursday in a… Attorney General, Military Law, Terrorism Fri, 08 Mar 2013 07:55:24 -0600 43169.abajournal.com http://www.abajournal.com/news/article/us_has_no_immunity_from_suit_claiming_navy_doc_operated_without_consent_sco/ The United States has no immunity from a veteran's lawsuit claiming a Navy doctor performed cataract surgery without consent, the U.S. Supreme Court has ruled. Steven Alan Levin alleges he became concerned about the operating room equipment and withdrew consent just before the 2003 surgery at the U.S. Naval Hospital… Government Law, Military Law, Tort Law, U.S. Supreme Court Mon, 04 Mar 2013 10:55:50 -0600 43095.abajournal.com http://www.abajournal.com/magazine/article/the_man_who_would_save_guantanamo/ Civil Rights, Constitutional Law, Legal Theory, Military Law, Terrorism, Guantanamo/Detainees, Trials & Litigation, Features Fri, 01 Mar 2013 06:20:24 -0600 42774.abajournal.com http://www.abajournal.com/news/article/bradley_manning_pleads_guilty_to_charges_of_leaking_classified/ Pfc. Bradley Manning has pleaded guilty to 10 charges in connection with what the government says is the largest leak of classified information in the nation's history. The Army intelligence analyst is accused of stealing thousands of classified documents while on duty in Iraq and turning the material over to… Executive Branch, Government Law, Military Law Thu, 28 Feb 2013 15:21:31 -0600 43047.abajournal.com http://www.abajournal.com/news/article/judge_rejects_claim_of_extreme_foot-dragging_in_case_against_wikileaks_sold/ A U.S. military judge has denied a request to dismiss charges against a soldier accused of providing hundreds of thousands of classified documents to WikiLeaks. Lawyers for Pfc. Bradley Manning had argued his speedy trial rights were violated, report Reuters, the Criminal Justice, Internet Law, Military Law Wed, 27 Feb 2013 08:21:59 -0600 43023.abajournal.com http://www.abajournal.com/news/article/gitmo_smoke_detector_was_a_microphone_but_official_says_lawyer-client_talks/ Confirming what at least one defense lawyer had told a military judge overseeing the case of five defendants accused of orchestrating the Sept. 11, 2001 terrorist attacks, a top legal advisor to the commander of the Guantanamo Bay military prison testified Tuesday that a smoke detector in a meeting room… Civil Rights, Constitutional Law, Executive Branch, Military Law, Trials & Litigation Wed, 13 Feb 2013 07:38:58 -0600 42846.abajournal.com http://www.abajournal.com/news/article/gitmo/ A military judge has halted hearings in a 9/11 terrorism case to address an emergency defense motion concerning possible U.S. government eavesdropping on attorney-client conversations. Three top officials in charge of the U.S. military prison at Guantanamo Bay, Cuba, are expected to testify Tuesday about the issue after being ordered… Civil Rights, Constitutional Law, Criminal Justice, Executive Branch, Military Law, Terrorism, Trials & Litigation, Evidence Tue, 12 Feb 2013 13:15:25 -0600 42829.abajournal.com http://www.abajournal.com/news/article/is_cia_listening_to_lawyer-client_talks_re_gitmo_death-penalty_case/ Claims by defense counsel that the CIA could be eavesdropping on confidential attorney-client communications in a death-penalty terrorism case at Guantanamo Bay, if true, would raise a serious ethical issue, a military judge said Monday. However, while Army Col. James Pohl granted a three-hour recess to allow the defense attorneys… Constitutional Law, Criminal Justice, Death Penalty, Legal Ethics, Military Law, Terrorism, Trials & Litigation Tue, 05 Feb 2013 15:30:52 -0600 42706.abajournal.com