Al Bahlul

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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.

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.


The Lawfare Podcast, Episode #97: Bahlul, Bahlul, Bahlul, Part Deux

By now you know: Wednesday morning saw oral argument in Al Bahlul v. United States---the first since the D.C. Circuit's en banc decision, and the matter's remand to a three judge panel consisting of Circuit Judges Judith Rogers, David Tatel, and Karen LeCraft Henderson. On Wednesday afternoon, I sat down for post-argument analysis of the long-running military commissions case with Lawfare's Steve Vladeck, and Kevin Jon Heller of Opinio Juris.

Terrorism Trials: Military Commissions

The Al Bahlul Argument: Article III, Conspiracy, and Precepts of International Law

Some may wish that Ex Parte Quirin, the Supreme Court’s case upholding the military commission convictions of Nazi saboteurs would recede into history. However, as Steve has noted, the oral argument in the D.C. Circuit Wednesday in Al Bahlul v. United States suggested that Quirin is very much alive. The D.C.

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