Military lawyers apparently lost out again to their civilian counter-parts as the Obama administration will pursue an appeal to press the validity of conspiracy and material support of terrorism at military commission trials, see NYT report here. I will never understand how the foremost law of war experts in our government are consistently overruled on issues concerning the law of war.
In other military commissions news, here, Judge Collyer in D.C. District Court ruled information that may be helpful to a detainee to obtain his release from Gitmo after being held for 10 years without charges does not need to be given to the detainee or his counsel because of the sensitivity of the information. Judgr Collyer also ruled the information should be available to the judge determining the detainees status for continued detention. More from Lawfare (with a link to the opinion) here.
PFC Manning case revelations, via NYT, here, and UPI, here, which now reportedly won’t start until Jun. 3, 2013, at the earliest:
• Osama bin laden was interested in the information Manning provided to Wiki[shhh].
• The convening authority would have pursued Manning had he dumped his trove of classified info on the New York Times (and presumably DOJ would have pursued the NYT as well).