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Tag Archive: Military Commissions

Guantanamo: Donald Trump’s Opportunity


The Trump Administration’s response to last week’s attacks in downtown Manhattan could go either of two directions: The United States could continue to flounder with indecision about how to handle those accused of violent attacks, or it could stop equivocating and take a clear stand on the side of the rule of law.…   continue »

Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)

Cybersecurity and Cyber Conflict

NYC Terror Attack, Legal Responses, and Counter-Terrorism Policy

Russia Investigation, Manafort-Gates Indictment, and Papadopoulous

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The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody

President Trump said yesterday that he would “certainly consider” transferring Sayfullo Saipov–the person who murdered eight people in Manhattan on Tuesday–to military custody at the Guantánamo Bay Naval Base.  Senator Lindsey Graham likewise announced that the government should detain Saipov as an “enemy combatant.”  To similar effect, Senator John McCain insists that Saipov “should be held and interrogated—thoroughly, responsibly, and humanely—as an enemy combatant consistent with the Law of Armed Conflict,” and adds, for good measure, that the attackers in Orlando, San Bernardino and Boston ought to have been militarily detained as “enemy combatants,” too.…   continue »

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 and to pay a $1,000 fine.

This is the latest dramatic development in the the Military Commission’s efforts to try Abd al Rahim al Nashiri for the U.S.S.  continue »

Episode 43 of the National Security Law Podcast: Unseal this Podcast!


It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on:

  1. Mueller-Time: Indictments against Manafort and Gates, and an even-more important plea deal.
  2. ACLU v. Mattis and the government’s filing in opposition to an order to show cause why ACLU should not get access to the US citizen held as an enemy combatant in Iraq.
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Can Defense Counsel Ever Be Lawfully Surveilled by the Government?


David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules applicable to the publically known facts about the decision by Brig. Gen. John G. Baker, the chief defense counsel for the Military Commissions, to disband the defense’s trial team in the military commission case of United States v.  continue »

The Guantánamo Ethics Mess


The latest episode in the Military Commission’s efforts to try Abd al-Rahim al-Nashiri for the U.S.S. Cole bombing is a dramatic dispute between Air Force Col. Vance Spath, the military judge in al-Nashiri’s case, and civilian defense counsel who are attempting to withdraw from the case for ethical reasons.…   continue »

Letter to the Editor: How Steve Vladeck’s Response Makes My Case


With his usual zeal, my friend Steve Vladeck energetically defends his support for the D.C. Circuit court’s decision mandating Judge Scott Silliman’s recusal in the military commission case involving Khalid Sheikh Mohammed (KSM) against my critique of that decision (which I outlined in an essay titled, “Is it in the nation’s best interests for the courts to chill the protected speech of law professors?”)

What Steve’s response doesn’t counter is the simple fact that the prohibitions the D.C.…   continue »