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Good morning from the E Barrett Prettyman Courthouse in DC, where I’m taking back the torch from @adamgoldmanNYT in watching the Sussmann-Durham trial today. It’s possible the prosecution will wrap up its case and defense will open today, but we’ll see how it unfolds. /1 There was going to be args this a.m. on limits […]

Good morning from the E. Barrett Prettyman courthouse in Washington DC, where opening arguments are set to begin in the Sussmann-Durham case. Packed media room so will likely be plenty of people live tweeting. One of the cybersecurity researchers who developed the Alfa Bank data and analysis and had been on the prosecutors witness list, […]

Another development for in-the-weeds enthusiasts of the Durham-Sussmann case: the defense has a new filing with a bunch of handwritten notes of a March 6, 2017, FBI meeting attended by Baker at which there was knowledge that Sussmann had a client. /1 https://pacer-documents.s3.amazonaws.com/36/235637/04519212888.pdf The defense appears to be planning to use this to suggest that […]

I attended a pre-trial hearing in the Durham-Sussmann case this afternoon at which a litany of evidentiary issues were discussed, many without resolution. It was far too weedy/incremental for a general-reader news article, but here’s my impression of takeaways for enthusiasts. /1 Team Durham (lead prosecutor Andrew DeFilippis) will call Perkins Coie’s managing partner to […]

The Nation commissioned me to write a review-essay about the Afghanistan War and the book The Afghanistan Papers: A Secret History of the War by Clint Whitlock of The Washington Post. The magazine has now published it in its April 4/11 issue under the headline “Mission Creep: What are the lessons of the United States’ […]

Reality check for some Trump critics: The Jan. 6 Committee filing’s vague hand gesture in the direction of possible crimes or fraud by Trump in a dispute over a subpoena is a far cry from a road map for criminal prosecution based on the same evidence. In this 🧵, I will explain why the Jan […]

I am saddened to hear that @walterdellinger has died. We nerded out over legal issues many times over the years. A running joke was that I was the only one who was more impressed about the fact that he had led the Office of Legal Counsel than served as acting solicitor general. I looked up […]

With The New York Times — and in one case, with my colleague Mark Mazzetti — I filed two new Freedom of Information Act cases this week. I thank the Times’ newsroom lawyer, David McCraw, and our annual First Amendment fellow, Jess Hui, for their representation in this litigation. The case with Mark is asking […]

I live-blogged on Twitter the Senate Judiciary Committee’s hearing on closing Guantanamo today. The biggest takeaway was what didn’t happen: the Biden administration didn’t send any government witness, in keeping with its low-key (and not particularly active) approach to its nominal policy goal of closing the prison. Although the revitalized Periodic Review Board has been […]

With the New York Times, I have filed a new lawsuit against the United States Central Command seeking public disclosure of surveillance footage related to the tragically botched Aug. 29 drone strike in Kabul. Specifically, the lawsuit — filed under the Freedom of Information Act — seeks aerial footage starting five minutes before the drone […]