Military Commissions

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Episode 49 of the National Security Law Podcast: Interrogation, Detention, Prosecution, and Targeting

In this week’s episode, Bobby Chesney and I pick up the thread on a handful of familiar issues, and introduce a few new ones as well. Interrogation:  The topic is a blend,…

The Secret Ruling That Broke the Guantanamo Military Commissions

Sixteen years after Sept. 11, 2001, and 17 years after two suicide bombers killed 17 sailors aboard the USS Cole, the death penalty trials of the Guantanamo detainees accused of…

Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man

In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…

How the Trump Administration Deals With Detainees Can Provide Insight Into its Counterterrorism Priorities

What is the US going to do with the “enemy combatants” it picks up during counterterrorism operations?  How will we strike the difficult balance between protecting national…

Episode 45 of the National Security Law Podcast: An Inter-Jurisdictional Cluster-You-Know-What?

Has it only been a week?  Yeesh.  Well, we are back!  In this episode, Bobby Chesney and I focus on three topics: The Mueller investigation and the prospect that Mike Flynn…
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Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)

Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
The crashed vehicle used in what is being described as a terrorist attack sits in lower Manhattan the morning after the event on November 1, 2017 in New York City. Police walk around the area. Ribbon ropes off the area around the truck.

For Quick and Strong Justice, Look to the Courts—Not Guantanamo

On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

What’s Going on at Gitmo?

Big news out of Guantánamo today: Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions, was found guilty of contempt and sentenced to 21 days confinement…
A military officer stands near the entrance to Camp VI at the U.S. military prison for 'enemy combatants' on June 25, 2013 in Guantanamo Bay, Cuba.

Can Defense Counsel Ever Be Lawfully Surveilled by the Government?

David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules…
A military officer walks from the entrance to Camp VI on June 25, 2013 in Guantanamo Bay, Cuba.

Proposed 2019 Start Date for 9/11 Trial Faces Skepticism from Gitmo Judge

GUANTANAMO BAY NAVAL BASE, Cuba — The military commission proceeding against five detainees allegedly responsible for the September 11th terrorist attacks is slowly inching…

Whitewashing Guantánamo

President Trump has made no secret of his desire to continue–if not affirmatively re-invigorate–the detention of non-citizen terrorism suspects at Guantánamo. That’s…
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Today’s En Banc D.C. Circuit Ruling in Al Bahlul…

163 pages later, we’re back where we started. Six of the nine judges on the en banc D.C. Circuit (with Chief Judge Garland and Judge Srinivasan not participating) voted…
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