Al-Bahlul v. United States

Latest in Al-Bahlul v. United States

Military Commissions

The D.C. Circuit’s En Banc Decision in Bahlul: Sui Generis or Guidance for Future Military Commissions?

The en banc D.C. Circuit’s affirmance of the military commission conviction of Ali Hamza al Bahlul for conspiracy (see Lawfare’s summary here) solidifies the legitimacy of commissions in U.S. counterterrorism law and policy. As President Obama put it in his 2009 National Archives speech, commissions have played a role in U.S. armed conflicts since the Revolutionary War.

Military Commissions

A Summary of the Al Bahlul Decision

Ali Hamza Ahmad Suliman al Bahlul is a Yemeni citizen, currently held in Guantanamo Bay, who was convicted in a military commission under the 2006 Military Commissions Act for “inchoate conspiracy” to commit war crimes. After several rounds of judicial review, a D.C. Circuit panel in 2015 heard a challenge to his conviction on Article I and Article III grounds.

Military Commissions

Al Bahlul Responds to United States' Petition for En Banc Review

The brief was submitted to the D.C. Circuit yesterday, by the Guantanamo detainee's lawyers. We thus await decision from the appeals court as to whether it will order en banc rehearing in this long-running military commissions case.

It almost certainly won't, in my view—but we'll see soon enough.

Terrorism Trials: Military Commissions

Military Commissions After Al-Bahlul

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 Lawfare Podcast

The Lawfare Podcast: A Victory for Al-Bahlul on Remand

On this week’s Lawfare Podcast, Managing Editor Wells Bennett invited Steve Vladeck of both Lawfare and Just Security, and Adam Thurschwell, an attorney with the Office of the Chief Defense Counsel of the Military Commissions, into the Lawfare studio to discuss the D.C. Circuit’s decision in Al Bahlul v. USA.

Military Commissions

The Functional Case Against Military Commission Trials of "Domestic" Offenses

As I explained on Sunday, one way to understand the diffference between the majority and dissenting opinions in last Friday's D.C. Circuit decision in al Bahlul v. United States is as reflecting two different methodological approaches to the question of whether Congress can empower non-Article III military commissions to try "domestic" offenses like inchoate conspiracy.

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