Al-Bahlul
39 Articles
Top 10 National Security Cases to Watch in 2015
In the spirit of the annual taking stock that accompanies the change of year, I thought I would offer my take on the top ten national security cases and themes to watch in the…
Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes
The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …
Military Commissions After Guantánamo
This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…
Letter to the Editor — Lt. Colonel David J. R. Frakt: What will Happen to al Bahlul?
I want to thank my esteemed colleagues Steve Vladeck and Marty Lederman for their very illuminating discussion of the D.C. Circuit’s recent decision in al Bahlul. I was Mr.…
What’s Left of Hamdan II? Quite a Lot, Actually…
Although it’s a bit further into the weeds than the issues Marty and I flagged in yesterday’s lengthy analysis of the en banc D.C. Circuit’s decision in al…
al Bahlul and the Future of “Domestic Law-of-War Offenses” in Military Commissions
As Steve wrote on Monday, the long-awaited en banc decision by the U.S. Court of Appeals for the D.C. Circuit in al Bahlul v. United States leaves unanswered many of the questions…
A Quick and Dirty Summary of–and Reaction to–the Al-Bahlul Decision [UPDATED]
What follows is a very quick-and-dirty summary of this morning’s ruling by the en banc D.C. Circuit in Al-Bahlul v. United States. There are five opinions, but a couple…
En Banc D.C. Circuit Rejects Ex Post Facto Challenge to Guantánamo Military Commission
Here’s the 150 pages worth of opinions. The headline appears to be a rejection of Bahlul’s ex post facto challenge to his conspiracy conviction, but there’s a…
The Stakes of al-Bahlul, Nine Months Later…
This past Monday marked nine months since the en banc oral argument in al-Bahlul v. United States, in which the D.C. Circuit is considering whether military commissions at Guantánamo…
Where is al-Bahlul??
I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
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…
The Coming Hicks and Khadr Appeals: Yet Another Military Commission Headache
As various media outlets reported earlier this week, Australian David Hicks–one of the first detainees charged and convicted (via plea) under the Military Commissions Act…