As Benjamin Wittes and I have noted, the last few weeks of the Obama administration and the first months of the Trump administration generated some activity surrounding the Senate Intelligence Committee’s report on interrogation, with counsel for Guantanamo detainees filing motions requesting that the SSCI report be preserved in at least four cases.
Latest in Al Nashiri v. Obama
In Al Nashiri v. Obama, a panel of the D.C. Circuit appeared to be leaning toward allowing the federal courts to address when hostilities began with al Qaeda. Al Nashiri is challenging the authority of the Guantánamo military commissions to try offenses that pre-dated the September 11 attacks. Specifically, Nashiri is charged with complicity in the bombing on the USS Cole in 2000, and an earlier attempted bombing, that year, of the USS The Sullivans.