Military Commissions Act (MCA)
8 Articles
Train Wreck at Guantánamo
Leading expert on military justice analyzes the extraordinary turn of events in on again, off again plea deals in 9/11 military commissions cases, and what should happen next.
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…
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.
Course Correction Still Needed on Anti-Torture Obligations
The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
How the Biden Administration Should Take Torture-Derived Evidence Off the Table
In a decent legal system, the government does not ask courts to admit evidence derived from torture, nor does it press other arguments that disregard the absolute prohibition on…
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…
The D.C. Circuit, Conspiracy, and the Guantanamo Military Commissions: Third Time’s the Charm?
Eleven years since Congress authorized the third generation of post-9/11 Guantanamo military commissions, the substantive law governing them remains in doubt. The case of Bahlul…
The CMCR’s Latest (Non-)Decision in al-Nashiri [UPDATED with links to supplemental briefs]
After a very long delay, and a couple of new presidential appointments of military judges to the court (resolving one of the two serious structural problems Steve has described…
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