Military Commissions
144 Articles
Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer
On Friday, Guantánamo death penalty lawyer Richard Kammen announced in a press release that: Brig. Gen. John Baker, the Chief Defense Counsel for the Military Commissions Defense…
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…
Proposed 2019 Start Date for 9/11 Trial Faces Skepticism from Gitmo Judge
GUANTANAMO BAY NAVAL BASE, Cuba — The military commission proceeding against five detainees allegedly responsible for the September 11th terrorist attacks is slowly inching…
The National Security Law Podcast: Military Commissions, Military Officers in the Cabinet, the Laws of War, and More
This week’s episode certainly has a military theme. Professors Chesney and Vladeck start off with a surprisingly (or is it disturbingly?) lengthy discussion of the writ…
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…
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…
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…
Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals?
According to a provocative new amicus brief filed by the Hoover Institution’s Adam White and UVA Law Professor Aditya Bamzai in opposition to certiorari in Akbar v. United…
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…
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…
Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul
As one of those who spends parts of his Tuesday and Friday mornings trolling PACER for new D.C. Circuit rulings (which appear there before they’re posted on the Court of…
Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil)
Last week Steve wrote about the then-not-yet public provision in the Senate version of the FY2017 National Defense Authorization Act (NDAA) that would permit Guantánamo detainees…