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Tag Archives: 2009 Military Commissions Act

Civilian Trial is the Only Option for Abu Khattala

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Wednesday, June 18, 2014 at 7:08 AM

Many have criticized the Obama administration’s plans to try the alleged leader of the Benghazi, Ahmed Abu Khattala, in civilian court.  “Ahmed Abu Khattala should be held at Guantanamo as a potential enemy combatant,” said Senator Lindsey Graham.  Representative Trey Gowdy, who is leading the House committee investigating the Benghazi attack, argued for “a noncivilian . . .
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Amici Retired Military Officials Seek to Participate in Al-Nashiri v. MacDonald Argument

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Thursday, April 25, 2013 at 6:00 PM

The Ninth Circuit will hear oral argument in Al-Nashiri v. MacDonald on June 3.  The civil appeal challenges the power of the Military Commissions’ Convening Authority to prosecute Al-Nashiri before a military tribunal at Guantanamo.    Seeking to participate in the argument is a group of retired military admirals, generals and colonels, who earlier filed a brief as amici curiae.   The . . .
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Senator Graham on Tsarnaev and Miranda

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Tuesday, April 23, 2013 at 10:54 AM

Yesterday, Senator Lindsey Graham held a press conference, in which he unsurprisingly lamented the White House’s decision not to treat Dzhokhar Tsarnaev as an “enemy combatant.” A transcript is below. GRAHAM: Thank you for coming. I understand at 2:50, we’re going to have a moment of silence as a nation for the victims in Boston. . . .
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Developments in GTMO Emergency Motion on Water and Cold

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Monday, April 8, 2013 at 8:53 PM

Earlier today, in Anam et. al. v. Obama, the district court sought further briefing on its power to hear a GTMO detainee’s complaints of mistreatment by detention personnel. Background: an April 15 hearing had been set on hunger striker Mus’ab Omar al-Madhwani’s emergency motion “for humanitarian and life-saving relief.”  In the filing, the detainee’s attorneys said GTMO officials had denied al-Madhwani . . .
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Docketing Orders for Upcoming Sessions in 9/11 and Al-Nashiri Cases

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Tuesday, March 12, 2013 at 5:37 PM

Mark your calendars. Here’s the agenda for the next hearing in the 9/11 case, which is set to begin on April 22 and to conclude on April 26.   From that document: 3. The Commission will hear argument on the following motions during the session: a. AE 008: Defense Motion to Dismiss For Defective Referral (witness . . .
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Military Commission Prosecutor’s Filings Regarding 9/11 Conspiracy Charges

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Saturday, January 26, 2013 at 8:39 AM

The Guantánamo military commissions yesterday released—after a security review—a pair of important filings by the Office of the Chief Prosecutor (OCP), regarding the ongoing controversy over the conspiracy charges against the five 9/11 defendants. (For background, see our prior coverage here, here, and here; and Chief Prosecutor Brig. Gen. Mark Martins’s podcast with Ben on the decision . . .
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Jeh Johnson Speech at the Oxford Union

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Friday, November 30, 2012 at 12:01 PM

At this hour, Pentagon General Counsel Jeh Johnson is giving the following speech at the Oxford Union in England: “The Conflict Against Al Qaeda and its Affiliates: How Will It End?” Jeh Charles Johnson General Counsel of the U.S. Department of Defense at the Oxford Union, Oxford University[1] November 30, 2012 Thank you for inviting . . .
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Two More Jurisdictional Challenges Rejected in Al-Nashiri

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Monday, July 2, 2012 at 10:33 AM

Judge James Pohl has denied two motions to dismiss for lack of personal jurisdiction in United States v. Al-Nashiri.  Though handed down on June 19, Pohl’s two orders became available only more recently, after they each completed the Defense Department’s obligatory security review.    In his first motion, the accused had claimed that the Military Commissions Act of 2009 (“MCA 2009″) violated equal protection principles embodied in the Fifth . . .
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Five Rulings on Threshold Challenges in Al-Nashiri, Three Unsealed and Two to Come

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Tuesday, June 12, 2012 at 9:19 PM

Your Lawfare day is winding down at long last.  You’ve just savored a scholarly exchange on the D.C. Circuit’s fidelity to Boumediene.  The table is cleared, and you’ve just settled into your comfy, oversized armchair.  It’s time for a desertif.  And what better way to top things off, than with a quick update in United States . . .
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CRS Report Comparing Rights in Military Commissions and Federal Courts

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Monday, May 14, 2012 at 4:30 PM

Just in from the Congressional Research Service, this report compares the rights of defendants tried in military commissions to those tried in federal criminal court. Presumably because of the commencement of the military commission case against the five alleged plotters of the 9/11 attacks, the author, Jennifer Elsea, created two useful charts for a side-by-side comparison . . .
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Raha Wala Responds on Military Commissions and Mission Creep

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Monday, April 2, 2012 at 5:45 AM

Below Raha Wala of Human Rights First responds to my to my post on mission creep in NGO demands concerning military commissions.  I think that a comparison of these complaints and concerns with the 2002 complaints and concerns supports rather than detracts from my mission creep speculation.  I also think the concerns and complaints below effectively . . .
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“Mission Creep” in NGO Demands?

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Tuesday, March 27, 2012 at 6:34 PM

In Law and the Long War, Ben described a cyclical process in which civil liberties and human rights NGOs would criticize the Bush administration’s detention standards and policies on GTMO, the Bush administration (under pressure from various fronts) would reform detention policy to move toward the NGO position, and then NGO demands would ratchet up . . .
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Kevin Jon Heller on Thravalos on Hamdan

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Monday, March 26, 2012 at 7:53 AM

Over at Opinio Juris, Kevin Jon Heller offers the following objection to Haridimos Thravalos’s guest post last night on Hamdan, conspiracy, and history: There is, however, a basic problem with Thravalos’ argument.  He claims that “[t]he Hamdan plurality found that conspiracy was not a violation of the law of war under domestic precedents for three reasons” (emphasis mine).  But the Hamdan plurality . . .
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Haridimos Thravalos on Hamdan, Conspiracy, and History

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Sunday, March 25, 2012 at 11:46 PM

I received this evening a most extraordinary guest post. It isn’t every day that someone sends me a memo outlining how a four-justice plurality of the Supreme Court got a key historical point wrong in a major case–much less does so convincingly. But that is what the following article by one Haridimos V. Thravalos claims about . . .
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Al-Nashiri #9: For CIPA Nerds Only

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Wednesday, January 18, 2012 at 3:56 PM

By Benjamin Wittes & Ritika Singh   Leaving the subject of mail, Judge Pohl announces that the parties have resolved on their own the issue that gave rise to government motion AE014 and that a protective order has been written and is ready for him to approve.Judge Pohl then turns to defense motion AE024, the . . .
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Military Commission Proceeding Against the 9/11 Defendants (KSM and Others) Inches Closer

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Tuesday, May 31, 2011 at 3:41 PM

DOD has just announced that charges have now been sworn by military commission prosecutors in the case against KSM and four others linked to the 9/11 attacks.  From DOD’s press release:

Military Commission Charges Sworn against al Nashiri

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Wednesday, April 20, 2011 at 3:32 PM

I do not have a copy of the sworn charges, but the details from the press release today appear below.  For comparison’s sake, you can find the earlier iteration of charges and motion papers relating to Nashiri here.  At first glance, the major difference appears to be that the earlier material support charge has been . . .
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Senator Cardin’s CIPA Reform Bill

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Tuesday, December 21, 2010 at 5:14 PM

[Update: Readers should also check out John Radsan's just-published paper on CIPA reform, in Cardozo Law Review, here.  Further update: the server hosting that paper is down until the afternoon of Dec. 29th, FYI]. Senator Cardin has introduced a bill to update and reform the Classified Information Procedures Act (“CIPA”), called the CIPA Reform and Improvement . . .
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Continuity and Change: Towards A Synthesis

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Friday, December 17, 2010 at 9:53 AM

I’m a little bit grouchy that the argument I made in this speech I keep linking to isn’t more a part of the debate over continuity and change between the Bush and Obama administrations than it is. It’s not just vanity (though I am certainly vain); it’s that I think the argument that Jack and . . .
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