Al-Nashiri
38 Articles
Determining When the Armed Conflict With Al-Qaeda Started
A panel of the DC Circuit recently held oral arguments in the case of Abd al Rahim al-Nashiri — a Saudi man accused of involvement in numerous terrorist plots and attacks against…
Closing Guantánamo, Episode XXVIII: This Time, We Really, Really (Really!) Mean It…
Word has it that, later today, the Obama administration will release its long-ballyhooed Plan. To. Close. Guantánamo. (Not to be confused, mind you, with the original plan from…
D.C. Circuit Quietly Set to Hear Major National Security Appeals
Given the rather significant legal news of the past four days, it’s easy to forget that a three-judge panel of the D.C. Circuit (Tatel, Griffith, & Sentelle, JJ.) is…
When Did the War With al-Qaeda Start?
On Wednesday, the DC Circuit is scheduled to hear oral arguments on a request to halt the military commission prosecution of Guantánamo detainee Abd al-Rahim Hussein al-Nashiri.…
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…
Perfidy, ambush, snipers, and the COLE bombing (al Nashiri) case
Thanks to Rogier Bartels and Kevin Heller for their fascinating debate here and at Opinio Juris on whether the alleged Israeli/U.S. car-bomb operation operation that killed Hezbollah’s…
General Martins on the Shrinking Military Commissions
Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
Al-Nashiri can now speak about his treatment … plus news about full SSCI Report
[Editor’s note: This post was originally published at 9:00 PM E.S.T. on February 22, 2015] Two weeks ago, I reported here that the prosecution had submitted motions to the…
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
Gideon’s Army at Guantanamo
Despite enormous logistical and legal hurdles, defense attorneys for high value detainees at the Guantanamo Bay, Cuba, military prison, say they press on for the judgment of history,…
The jurisdictional issue delaying the al-Nashiri military commission: Saudi defendant + French ship + Malaysian shipper + Iranian oil + Bulgarian casualty = trial in a U.S. military commission?
A couple of weeks ago, the Chief Prosecutor in the Office of Military Commissions filed an appeal to the Court of Military Commission Review from an order by the trial judge dismissing…
The D.C. District Court’s Power to Hear the New Nashiri Suit
As Wells Bennett noted on Friday over at Lawfare, attorneys for Abd al-Rahim al-Nashiri, a Guantánamo detainee facing capital charges before a military commission for his alleged…