Military Commissions
179 Articles
President Obama’s Military Commissions
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Government’s Overstated Rehearing Petition in al Bahlul
I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
Skeptical of Guantánamo Diary? Question the US Government Instead
It is sort of a cardinal rule for writers not to respond to negative reviews, and I can easily imagine that Mohamedou Ould Slahi would let the new review of his Guantánamo Diary…
US Government Petitions for Rehearing En Banc (Again) in Al Bahlul
The petition is available here. This is not a terribly surprising development. But as I wrote after the panel decision, it’s also not likely to succeed, given the composition…
Delay and Detention at Obama’s Guantánamo: The Missing PRBs
As Steve Vladeck noted last week, lawyers for Guantánamo detainee Mohamedou Ould Slahi filed a motion in his habeas corpus case demanding that the Obama administration…
Why al Bahlul is Rightly Decided
Over at Lawfare, I have a pair of longer posts following up on Friday’s quick-and-dirty summary of the D.C. Circuit’s ruling in al Bahlul v. United States, in which…
What al Bahlul Says, and What It Means
It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…
al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense
The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote (Rogers and Tatel, Henderson dissenting) has overturned the conspiracy conviction on Article III grounds.…
The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote
[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…
The apparent end of the “gag orders” for GTMO detainees
Back in February, I explained that the protective orders in two Military Commissions cases had been amended to now permit the defendants and their counsel to speak publicly about…
Understanding the “end of war” dispute in the al Warafi habeas case
Attorneys for Mukhtar Yahia Naji al Warafi have filed their reply brief in the habeas action challenging al Warafi’s continued military detention at Guantánamo. As I have previously explained,…
Lessons From the North: Omar Khadr’s Release on Bail in Canada
UPDATE: The Supreme Court of Canada unanimously ruled on May 14 that the U.S. military commission that convicted Omar Khadr sentenced him as a juvenile and not, as the Canadian…