Military Commissions

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Just Security

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…
Just Security

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…
Just Security

More Guantánamo Mishegas (The Unlawful Detention of a US Citizen Edition)

Just when it seems like the ongoing, neverending saga that is the Guantánamo military commissions can’t get any stranger, there’s this: As Carol Rosenberg (who else)…
Just Security

Just Security’s Questions for Clinton and Trump

Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…
Just Security

The DC Circuit’s Latest Ruling in Al-Nashiri: Why the Military Commissions Cannot Escape the Taint of CIA Torture

The DC Circuit’s recent ruling in In re Al-Nashiri missed an opportunity to clarify an important question in the current US military commissions: when did the armed conflict…
Just Security

Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals?

According to a provocative new amicus brief filed by the Hoover Institution’s Adam White and UVA Law Professor Aditya Bamzai in opposition to certiorari in Akbar v. United…
Just Security

Visions and Revisions: Karen Greenberg on the Making of the Modern Security State

“It’s lovely to live on a raft. We had the sky up there, all speckled with stars, and we used to lay on our backs and look up at them, and discuss about whether they was made…
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