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Tag Archive: Military Commissions

A Test Case for Guantánamo’s New Convening Authority

The latest Guantánamo military commission case to make headlines—the new charges against Encep Nurjamen (a.k.a. Hambali)—is shrouded in an unusual amount of secrecy. But when that veil is lifted, it reveals a charge sheet containing a legal flaw significant enough for the Pentagon’s newly appointed senior official in charge of such matters—Convening Authority Harvey Rishikof—to demand a do-over.…   continue »

Just Security’s Questions for Clinton and Trump

Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national security questions we want to see both candidates answer. The list below was originally compiled by a group of Just Security’s editors and contributors ahead the Commander-in-Chief Forum that took place earlier this month.…   continue »

The DC Circuit’s Latest Ruling in Al-Nashiri: Why the Military Commissions Cannot Escape the Taint of CIA Torture

The DC Circuit’s recent ruling in In re Al-Nashiri missed an opportunity to clarify an important question in the current US military commissions: when did the armed conflict against al Qaeda start. The defendant, Abd al-Rahim al-Nashiri, had brought a pre-trial challenge to his prosecution for his alleged role in the 2000 bombing of the USS Cole.…   continue »

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 elsewhere), the Court of Military Commission Review has finally issued its decision in the government’s interlocutory appeal on the MV Limburg aspect of the case against Abd al-Rahim Hussain al-Nashiri.…   continue »

Sparring Over the 9/11 Trial Recusal Motion

Anyone who’s been following the military commission prosecution of the five alleged 9/11 plotters at Guantánamo Bay is likely familiar with some of the absurd happenings in the case. From the discoveries that attorney-client meeting rooms were wired for surveillance, that microphones in the courtroom could capture and record supposedly confidential attorney-client conversations, that the government could search defense counsel’s computers, and that the FBI was actually investigating at least one of the five legal defense teams while the prosecution ensued, the case has felt a bit like a three-ring circus to those of us watching.…   continue »

Can Detainees Plead Their Way Out of Guantánamo?

One of the more curious tidbits to emerge from the Senate Armed Services Committee’s draft of the FY2017 National Defense Authorization Act (which the Committee approved last Thursday by a 23-3 vote) is a provision that (apparently) would allow Guantánamo detainees to “to plead guilty to criminal charges in Article III courts via teleconference and authorizes the government to transfer such detainees to third countries to serve out their sentences.” Our best efforts notwithstanding, the actual text is apparently still not available (thanks, SASC!).…   continue »