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The Government’s Supplemental Brief in Al-Bahlul

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Wednesday, January 9, 2013 at 3:33 PM

…is available here.  In a nutshell:

Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicitation to commit war crimes. Because the Court is bound by Hamdan II, the government respectfully submits that it would be appropriate for the court to dispense with holding oral argument and proceed (once supplemental briefing has been completed) to issue its decision. In order to preserve the government’s arguments for further review, this brief also sets forth the government’s position that the legal rationale of Hamdan II is incorrect and that Bahlul’s convictions are consistent with the Constitution and applicable law.

Bobby already flagged Charlie Savage’s piece on the interagency dispute that culminated with this brief. It’ll be fascinating to see if, based on the last sentence, a cert. petition is now (or soon will be) forthcoming.