Monday morning, an en banc panel of the D.C. Circuit will hear oral arguments in the case Ali Hamza Ahmad Suliman al Bahlul v. United States. Lawfare has covered extensively the ins and outs of this important case, in … 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 »
What, if anything, do developments in the military commission case of United States v. al-Nashiri portend for Al-Nashiri v. MacDonald, an ongoing, civil challenge to the accused’s war crimes prosecution? The question arises in letters filed in the civil … 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,
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Here ’tis. From the supplemental brief’s “Summary of Argument” section:
We agree with the government that Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012) (“Hamdan II”), compels this Court to vacate the judgment below. Resp. Supp.
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[UPDATED 3:18 p.m.] Lawyers for military commission accused Ali Hamza Suliman Ahmad Al-Bahlul have filed their supplemental, what-do-we-make-of-Hamdan brief with the D.C. Circuit. The government’s response is due on January 9 of next year; the accused’s reply is due … Read more »
What’s a habeas petitioner to do, if 1) current and former U.S. military officials believe that he no longer poses a significant threat, and that his law of war detention is no longer necessary; but 2) a Periodic Review Board … Read more »