Military Commissions
193 Articles
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…
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…
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’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…
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…
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…
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…
The CMCR’s Latest (Non-)Decision in al-Nashiri [UPDATED with links to supplemental briefs]
After a very long delay, and a couple of new presidential appointments of military judges to the court (resolving one of the two serious structural problems Steve has described…
Sparring Over the 9/11 Trial Recusal Motion
Anyone who’s been following the military commission prosecution of the five alleged 9/11 plotters at Guantánamo Bay is likely familiar with some of the absurd happenings in…
A Return to Torture? Unlikely
One could be forgiven for thinking that all signs point towards torture making a comeback. Calls for the resumption of torture have been disturbingly prominent in this year’s…
Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul
As one of those who spends parts of his Tuesday and Friday mornings trolling PACER for new D.C. Circuit rulings (which appear there before they’re posted on the Court of…
Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil)
Last week Steve wrote about the then-not-yet public provision in the Senate version of the FY2017 National Defense Authorization Act (NDAA) that would permit Guantánamo detainees…