Does a military commission judge have the power to cite a senior U.S. military officer for contempt as if these tribunals were courts-martial or regular federal courts?
David Glazier is a professor of law at Loyola Law School, Los Angeles. His research focuses on issues related to national security and the law of war. Glazier spent 21 years as a U.S. Navy surface warfare office before retiring in order to attend law school. He has authored six law review articles, two book chapters and a number of amici briefs on military commission issues.
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The oral arguments in Monday’s D.C. Circuit en banc review of Ali Hamza al Bahlul’s military commission conspiracy conviction essentially came down to competing views of history. The government concedes that conspiracy is not a recognized war crime under international law. But rather than accepting chief prosecutor Brigadier General Mark Martins’ plan to move forward using more credible charges, the Justice Department argued that the Guantánamo commissions can try conspiracy based on historical U.S. practices.