Uniform Code of Military Justice
45 Articles
Your Tweet is My Command
My friend Phil Carter has written an excellent piece for Slate, pointing out the institutional dangers of disregarding President Trump’s recent series of tweets that…
Pence’s Troubling Advice: Follow the Chain of Command “Without Exception”
After thinking about Vice President Mike Pence’s remarks last Friday at the United States Naval Academy’s commencement, I found one part of his speech particularly alarming:…
A Duty to Disobey?
The United States is in the midst of an uncertain era of complex global threats. Some have described the nation’s defense policy as one of “forever war.” During this…
The MSF Airstrike Report: Better on the Facts Than on the Law
The military’s investigation of the October 2015 airstrike on the Médicins Sans Frontières (MSF) hospital in Kunduz, Afghanistan was back in the news last week thanks to highly…
A Supplement to Steve Vladeck’s Assessment of the Supreme Court’s Treatment of Courts-Martial
Professor Steve Vladeck recently published an interesting analysis of the Supreme Court’s “troubling neglect of courts-martial,” and I agree with most of what he puts forth.…
The Alarming Gaps in Military Appellate Review
We pay a lot of attention on this blog to the Guantánamo military commissions and the principal structural defect in those tribunals as currently constituted, to wit, their power…
The Government’s Overstated Rehearing Petition in al Bahlul
I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
The Government (Sort of) Wins a Guantánamo Military Commission Appeal
No, not that one. In a two-page order issued this morning, the D.C. Circuit (Tatel, Griffith, & Silberman, JJ.) dismissed the appeal of former Guantánamo detainee Ibrahim…
General Martins on the Shrinking Military Commissions
Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
The Shrinking Military Commissions
Yesterday’s news that the Convening Authority for the Guantánamo military commissions has “disapproved the findings and sentence,” and dismissed the charges…
Military Commissions After Guantánamo
This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…
Letter to the Editor — Lt. Colonel David J. R. Frakt: What will Happen to al Bahlul?
I want to thank my esteemed colleagues Steve Vladeck and Marty Lederman for their very illuminating discussion of the D.C. Circuit’s recent decision in al Bahlul. I was Mr.…