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Tag Archives: Hamdan v. United States

Oral Argument Preview: Al-Bahlul v. United States

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Sunday, September 29, 2013 at 1:19 PM

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 which a Guantanamo detainee appeals his 2009 conviction by military commission for providing material support to Al Qaeda, conspiracy, . . .
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The Two Fundamental Flaws in the New Bahlul Amicus Brief

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Friday, July 26, 2013 at 10:44 AM

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,” a group that includes Ben, Ken, and two of my casebook co-authors–among others. At the . . .
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What to Make of Judge Pohl’s Ruling? Letter Filings in Al-Nashiri v. MacDonald

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Friday, January 25, 2013 at 3:50 PM

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 case, one by the United States last Friday, and another by al-Nashiri’s lawyers  today. Some quick background: . . .
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DCCA Vacates Al-Bahlul’s Convictions

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Friday, January 25, 2013 at 12:12 PM

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, 2013, advising the Court that it takes the “position that Hamdan v. United States, 696 F.3d . . .
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Petitioner’s Supplemental Brief in al-Bahlul

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Tuesday, January 22, 2013 at 3:18 PM

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. 2-3. The government stands by its concession that none of the charges against Bahlul are international-law war . . .
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Petitioner’s Supplemental Brief in Al-Bahlul

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Monday, December 10, 2012 at 2:43 PM

[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 on January 22. Here’s a taste, from the filing’s “summary of argument” section: Military commissions are special . . .
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District Court Rejects Interim Release of GTMO Detainee

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Wednesday, November 28, 2012 at 10:52 AM

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 (“PRB”) hearing—at which the petitioner could make his case for immediate release—has not yet been . . .
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