Pre-trial proceedings resume in the case of alleged al-Qaeda commander Abd al Hadi al Iraqi.
Latest in 2009 Military Commissions Act
On Tuesday, the case of U.S. v. Abd al Hadi al-Iraqi was called back to session but, this time, not with the usual players. Colonel Peter S. Rubin of the USMC replaced Captain Waits as the military judge presiding over the commission.
Republican presidential nominee Donald Trump made headlines once again yesterday by saying that he would be “fine” with trying American citizens accused of terrorism in military commissions at Guantanamo Bay. At the risk of taking Trump’s whims too seriously, Lawfare has provided very brief overview of the operative legal constraints.
Pre-trial hearings continue Monday morning at Guantanamo Bay in the case of the five men accused of plotting the 9/11 attacks. The sessions focuses on whether Walid Bin Attash has voluntarily waived his right to be present, questions regarding classification review, and whether or not there is a statute of limitations for a war crime in the miltiary court.
I take issue with two recent critiques of the Guantanamo military commissions, both arising from a D.C. Circuit panel’s reversal, earlier this month, of the conviction by military commission of Ali al-Bahlul (an al Qaeda jihadist and detainee who had served in bin Laden’s inner circle) for conspiracy to commit war crimes. The first is a sneering New York Times editorial, published on June 18; the second consists of remarks made last week, on the Lawfare Podcast.