Whoa. This is very big news—though what it means is far less clear.
The D.C. Circuit has granted the government’s petition for rehearing en banc in the military commission case of U.S. v. Al-Bahlul. It thus appears that a majority … Read more »
Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal–and the rather significant internal debate within the Administration about whether to accept the D.C. Circuit’s ruling in Hamdan II… Read more »
Fresh from a security scrub are these two items in United States v. Mohammed et. al.: first, an Amended Docketing order, wherein Judge James Pohl excises two previously scheduled defense motions to compel discovery from the agenda for … Read more »
Yesterday, we posted the government’s supplemental brief in the Al Bahlul military commission appeal in the D.C. Circuit, the headline of which was the government’s concession that Judge Kavanaugh’s opinion for the Court of Appeals in Hamdan II requires reversal … Read more »
…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
… Read more »
In his post on yesterday’s decision in (what I think we should all call) Hamdan II, Jack writes “The historical arguments for a conspiracy charge in military commissions under the laws of war, while not slam dunks, are . … Read more »
Raff already shared the news re: this morning’s D.C. Circuit decision reversing Salim Hamdan’s military commission conviction for providing material support to terrorism (MST), holding that MST wasn’t a recognized violation of the laws of war prior to 2006 (when … Read more »
Today marks the five-month anniversary of the oral arguments before the D.C. Circuit in United States v. Hamdan, the first post-conviction appeal to reach the Court of Appeals under the Military Commissions Acts of 2006 and 2009 (and about … Read more »
Ben beat me to it, but this morning, the D.C Circuit issued a terse order removing United States v. al Bahlul (the “other” military commission appeal) from its argument calendar (it was scheduled to be argued before Judges Henderson, … Read more »
As I noted yesterday, the highest court in the U.S. military justice system—the Article I Court of Appeals for the Armed Forces (“CAAF”), a circuit-level court with mostly discretionary jurisdiction over each of the service branch courts of criminal … Read more »
For D.C.-area readers, I’ll be participating in what should be a lively discussion of the current and future legal and policy issues surrounding military commissions (I suspect it will be that much livelier if Hamdan comes down in the … Read more »
As Wells already noted, the Supreme Court denied certiorari today without notation or dissent in all of the seven pending Guantanamo “merits” habeas cases (i.e., cases where the central issue goes to whether the government has proven … Read more »
You’ll recall that the three-judge panel in Hamdan v. United States - or, gauging by the questions at oral argument, really only Judge Douglas Ginsburg – was interested in whether the defendant’s release from custody had mooted his appeal. During … Read more »
We’ve blogged before about the “other” pending D.C. Circuit military commission case–al-Bahlul v. United States–including the petitioner’s request for initial en banc hearing. That request has now been summarily denied by the D.C. Circuit in this order… Read more »
Below is a recap of yesterday’s oral argument before the D.C. Circuit in Hamdan v. United States. As for key takeaways, you’ll find Steve’s breakdown here, and my two cents’ worth here.
Again, it is anyone’s guess how … Read more »
Both because of my own biases and because Wells is going to be posting more of a blow-by-blow at some point (on top of his initial reaction, which I basically share), I’ll spare readers from a comprehensive account of … Read more »
We’ll have a full recap of today’s oral argument in Hamdan v. United States up shortly. In the meantime, here’s one observation – which I reckon Steve will supplement with some remarks of his own.
Suffice it to say that … Read more »
Wells and Larkin have a more comprehensive preview in the works for Thursday’s oral argument before the D.C. Circuit in Hamdan v. United States, and I’d encourage folks to wait for their contribution to get a full sense of … Read more »
I have a longer preview of Thursday’s D.C. Circuit argument in Hamdan in the works, but wanted to jump in to offer a couple of quick thoughts on the (surprising) argument order issued by the panel today (which Raff … Read more »
Oral argument in Hamdan will be held on Thursday in the D.C. Circuit Court of Appeals Judges David Sentelle, Brett Kavanaugh and Douglas Ginsburg. This order just came in regarding oral argument:
It is ORDERED, on the court’s own
… Read more »
In a characteristically thougtful essay over at Slate, and building on themes in his new book, Jack returns to a familiar argument–that the extent to which the Obama Administration has embraced military commissions is a telling example in continuity … Read more »
Raff already posted earlier about some of the amicus briefs filed today (or earlier) in the al-Bahlul case (the “other” military commission appeal currently pending in the D.C. Circuit). I just wanted to add to the conversation this brief of … Read more »
Against the al-Nashiri backdrop, the government has now filed its brief on the merits in United States v. Hamdan (the first post-conviction appeal under the Military Commissions Acts of 2006 and 2009), which is set to be argued to a … Read more »
The en banc decision of the Court of Military Commission Review (“CMCR”) in United States v. Hamdan concludes that it was constitutional for Congress to make material support for terrorism an offense triable by military commission. This won’t be the … Read more »
The en banc Court of the U.S. Court of Military Commission Review has ruled here in Hamdan (but not yet in al-Bahlul), affirming the conviction and sentence. Bobby will have analysis later.