Military Commissions

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Just Security

Don’t Forget the Other Legal Issues in the 9/11 Trial

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…
Just Security

Why should the Constitution require Article III courts for criminal trials of federal offenses?

[UPDATED for clarification.]  Many thanks to Charlie Dunlap for his thoughtful response to my posts (here and here) about al-Bahlul and the Article III question in that case. Our…
Just Security

Military Commissions and Fairness

My friend Marty Lederman provides a lot of fascinating commentary about the en banc rehearing in the Al-Bahlul case (here and here). I’d like to focus on just part of Marty’s…
Just Security

The More Things Stay the Same: Another Week of Military Commission Hearings

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…
Just Security

Counting to Six in Al Bahlul IV

I have nothing of substance to add to Marty’s excellent recap of this morning’s en banc D.C. Circuit oral argument in “Al Bahlul IV,” and agree with him entirely that…
Just Security

Reflections from the en banc al Bahlul oral argument

The U.S. Court of Appeals for the D.C. Circuit, sitting en banc (absent Judge Srinivasan, who is recused) just finished hearing about 90 minutes of oral argument in the al Bahlul…
Just Security

Abstention and the “Other” D.C. Circuit Military Commission Appeal

Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…
Just Security

We Don’t Need to Broaden Military Commissions’ Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…
Just Security

Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the U.S. Court of Appeals for the District of Columbia Circuit…
Just Security

Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Just Security

No War Crime? No War Crimes Trial!

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Just Security

Why Al Bahlul IV Won’t Matter

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
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