Military Commissions
179 Articles

Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified
As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…

In al Nashiri, Judge Pohl orders disclosure of details of CIA’s “black sites” to the defense
To say it has been an eventful week for the military commissions in Guantanamo might be an understatement. As Ruchi has covered each morning this week in the Early Edition, the…

Military Courts and Article III
For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…

The Abu Ghaith Trial: How U.S. terrorism prosecutions are supposed to happen
Today’s conviction on all counts in the trial of Osama bin Laden’s son-in-law is the best response yet to critics like Senators Mitch McConnell and Lindsey Graham who claim…

Conspiracy – A Quick Historical Survey
As the trial of Mr. Sulaiman Abu Gaith, the son-in-law of Osama bin Laden continues in New York in the United States District Court, we take this opportunity to provide a brief…

Al Darbi Pleads Guilty but Questions Remain [UPDATED re AE168]
In news today from the military commissions in Guantanamo Bay, Ahmed Mohammed Ahmed Haza al Darbi pled guilty to charges brought against him—charges which arose from his role…

The al Iraqi Case and the Future of Military Commissions
This morning’s New York Times features a story by Charlie Savage about yesterday’s addition of a conspiracy charge to the pending military commission proceeding at…

An al Qaeda Armed Conflict with France or Malaysia?: The Legal Question at the Heart of the al Darbi Case
Yesterday the Acting Convening Authority of the GTMO Military Commissions, Navy General Counsel Paul Oostburg Sanz, referred charges against Ahmed Mohammed Ahmed Haza al Darbi,…

Quasi-public Guantanamo Detainee Hearings Start Tomorrow
On Tuesday morning, select members of the media and human rights groups will, for the first time, be allowed to observe a portion of a Periodic Review Board hearing for a detainee…

Helpful Resource from the Dept of Defense: Periodic Review Board Website
We wanted to flag for interested readers a helpful resource, the Department of Defense’s website for the Periodic Review Secretariat (PRS), the body responsible for the administrative…

Responding to John Dehn’s Letter to the Editor on the 9/11 Military Commissions
I agree with John Dehn that the military justice system is far more fair, orderly and efficient than the military commission system. My argument for why civilian federal courts…

Letter to the Editor: Reply from John Dehn to Daphne Eviatar on the 9/11 Military Commissions
[Editor’s Note: Be sure to see Daphne’s response to this letter to the editor, which was also published on January 6, 2014.] Daphne Eviatar’s recent post, “Time…