Terrorism Trials: Military Commissions

DCCA Vacates Al-Bahlul's Convictions

By Wells Bennett
Friday, January 25, 2013, 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 1238 (D.C. Cir. 2012)] requires reversal of Bahlul’s convictions by military commission,” Supplemental Br. for the United States at 1, it is

ORDERED that the petitioner’s convictions by military commission approved on June 3, 2009, are hereby vacated. Cf. United States v. Law, 528 F.3d 888, 909 (D.C. Cir. 2008) (per curiam) (vacating conviction based on Government’s concession).

The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.