Raff already outlined the issues the en banc D.C. Circuit (minus Judge Srinivasan) will confront in tomorrow’s oral argument in al Bahlul v. United States, and I have very little of substance to add to Jen Daskal’s thorough analysis… Read more »
Thanks to his “sur-reply”, I finally understand the premise of Peter Margulies’s argument—and his amicus brief—in al Bahlul with regard to why the en banc D.C. Circuit can affirm Bahlul’s conspiracy conviction even though conspiracy is not a war … Read more »
There’s a lot to say about Peter Margulies’ reply to my and Kevin Heller’s criticisms of the “former government officials’” amicus brief in al Bahlul–the military commission appeal currently pending before the en banc D.C. Circuit, where the central … Read more »
Raff already flagged yesterday’s filing of an amicus brief in support of the government in the Al Bahlul military commission appeal before the en banc D.C. Circuit by “former government officials, former military lawyers, and scholars of national security law,” … Read more »
Here is the latest development in the Al-Bahlul appeal before the D.C. Circuit. Readers may recall that in May, the court received conflicting statements from detainee and counsel—one from Mr. Al-Bahlul himself expressing his desire to withdraw his case, … Read more »
As Raff noted last week, the lawyers for the defendant-appellant in United States v. al-Bahlul–the military commission case in which the D.C. Circuit surprisingly granted rehearing en banc–had moved to “clarify” the scope of such rehearing, including … Read more »
You’ll find a copy here.
The Chief Prosecutor’s statement naturally overviews the week’s proceedings; one portion, however, addresses an issue not formally included on the docket but likely of interest to Lawfare readers:
Conspiracy as a Separate, Stand-Alone Offense
… Read more »
As expected. You’ll find the three judge panel’s one-page per curiam order here.
From the order:
Upon consideration of the supplemental briefs filed by the parties and, in particular, the supplemental brief filed by the Government on January 9,
… Read more »
The government has just posted a memorandum from March 12, 1945 in the Bahlul docket concerning the question of whether participation in a conspiracy to commit an offense against the law of war is punishable in a military commission.
The … Read more »
Here’s a timely new article as the D.C. Circuit considers the military commission appeals in Hamdan and Bahlul–both of which challenge convictions based on, among other charges, material support for terrorism. Peter Margulies of Roger Williams School of Law … Read more »
Ali Hamza Ahmad Suliman Al Bahlul has filed his reply brief in his appeal of his military commission conviction in the U.S. Court of Appeals for the District of Columbia Circuit. You’ll recall that Al Bahul requested his appeal to … Read more »
We noted last week that the D.C. Circuit Court of Appeals denied Ali Hamza Ahmad Suliman al Bahlul’s petition for an initial hearing in that court en banc. The government has now filed its respondent brief in the case … Read more »
Some court documents came in over the weekend:
Salim Ahmed Hamdan has filed his reply brief in his appeal in the D.C. Circuit Court. You can read it in full here. The summary of the argument is excerpted here:… Read more »
Last week I drew attention to the undue delay in resolving Salim Hamdan’s appeal from his military commission conviction, noting that it put in issue the general viability of material support as a charge in the commission system – something … Read more »