Military Commissions
151 Articles
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…
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…
The Proposed Military Commissions Fix Is Anything But
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Obama’s Plan Is Not a Guantánamo North
President Obama’s plan to close Guantánamo has seemingly been criticized by all sides of the political spectrum. At a hearing before the House Foreign Affairs Committee this…
Closing Guantánamo: Before You Accuse Congress, Take a Look at Your Administration
Five years ago today, President Obama issued Executive Order 13567, which established the Periodic Review Board (PRB) process to review every “forever” detainee in Guantánamo…
Excellent summary of GTMO myths . . . and a classic case of the “false equivalence fallacy”
A while back I wrote here about how remarkably successful President Obama’s efforts have been to fundamentally transform, to the point of elimination, the U.S. practice of…