Al-Nashiri

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The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

9/11 Family Members Can Get Answers through Plea Agreements, Not a Trial

The impending 22nd anniversary of our loved ones’ deaths is a truly fitting occasion to end the failed 9/11 military commission, answer our questions, and assure us of judicial…
The main gate at the prison in Guantanamo at the US Guantanamo Naval Base on October 16, 2018, in Guantanamo Base, Cuba. A tower with an American flag is seen behind barbed wire fencing.

Biden Team Gets It Right on Inadmissibility of Torture Evidence in Al-Nashiri Case

In a much anticipated brief, the government categorically rejected the use of statements obtained through torture in military commissions and promised not to admit any statements…
Razor wire tops the fence of the U.S. prison at Guantanamo Bay on October 23, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. An American flag waves in the background.

The Biden Administration’s Moment of Truth on Torture Evidence

US prosecutors claim the authority to use torture-derived evidence in Al-Nashiri's case, contrary to U.S. domestic and international legal obligations.
A "Camp Justice" sign at Guantanamo Bay. Four poles waive flags behind the sign.

Course Correction Still Needed on Anti-Torture Obligations

The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
The old courtroom building, pictured through an opening from inside an airplane hangar used for media activities at Camp Justice, site of the US war crimes tribunal compound at Guantanamo Bay US Naval Base, Cuba, April 9, 2014. A guard stands at the opening of the hanger.

Torture Evidence and the Guantanamo Military Commissions

Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…
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.

9/11 Case: Military Commission Convening Authority to Be Called as a Witness as to His Own Bias

W. Shane Cohen, the current judge presiding over the 9/11 case at Guantánamo Bay, has ordered the compulsion of testimony from the Office of Military Commissions’ convening…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

Gina Haspel, Torture, and the ProPublica Correction

ProPublica’s comprehensive correction to significant portions of its earlier reporting on Gina Haspel, President Donald Trump’s recent nominee for CIA Director, provided an…

Episode 59 of the National Security Law Podcast: Share the Cookies

We don’t lack for topics this week!  In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …

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 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…
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…
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