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Just Security

The Other, Lurking Constitutional Question in al-Bahlul

I would add only one thing to Jen’s thorough summary of the al-Bahlul argument next Monday, about something she references at the very end of her post:  Besides ex post…
Just Security

Preview — Al Bahlul in the D.C. Circuit: The Fate of Military Commissions at Guantánamo

On Monday, September 30, the D.C. Circuit, sitting en banc, will hear argument in al Bahlul v. United States – a case definitely worth watching.  The immediate question is whether…
Just Security

Flip Flops?: The Conflict with Al Qaeda Is (Not) a War

Following the September 11 attacks in 2001, President George W. Bush justified several military actions on the ground that the United States was now in an armed conflict with Al…
Just Security

Time to Retire the Military Commissions

Last Monday morning, as a military judge read each of the men accused of plotting the 9/11 terrorist attacks their rights to attend the hearings in their case, two of them objected.…
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