The court of appeals has limited Kiyemba v. Obama and held for the first time that constitutional due process rights may apply to habeas proceedings for Guantanamo detainees.
Latest in Guantanamo
Last Week at the Military Commissions: 9/11 Commission Debates Who Gets to Determine When Hostilities Began
The military commission in United States v. Khalid Shaikh Mohammad, et al. (i.e., the 9/11 military commission) reconvened from April 29 to May 2. The parties discussed conflict of interest concerns, the disclosure of classified documents, and how to approach the determination of whether or not there is an armed conflict, among other issues.
Defense counsel on behalf of Guantanamo detainee Moath Hamza Ahmed Al-Alwi have filed a reply in further support of their petition for a writ of certiorari with the Supreme Court in Al-Alwi v. Trump. The government's brief opposing certiorari is available here.
The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday issued its opinion in In Re: Abd al-Rahim Muhammed al-Nashiri. The court held that Col. Vance Spath, the judge in the al-Nashiri case, should have been disqualified from his position while seeking a job as an immigration judge with the U.S. Department of Justice. The court vacated every order Spath has issued since Nov.
The military commission for Majid Shoukat Khan, who pleaded guilty to charges related to his role as a low-level al-Qaeda operative in 2012, reconvened on April 1, after a hiatus since July 2018.
Last Week at the Military Commissions: Bug Sweeps, Defendants’ Sixth Amendment Confrontation Rights, Existence of Pre-9/11 Hostilities and More
In a session cut short by a stay from the Court of Military Commission Review (CMCR), the military commission in United States v. Khalid Sheikh Mohammad, et al. (i.e., the 9/11 military commission) reconvened on March 25-27. See here for previous Lawfare coverage.
On Jan. 15, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in Qassim v. Trump. This panel follows after the court’s denial on Qassim’s initial request of hearing his appeal en banc
On Jan. 22, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in In re: Abd Al-Rahim Hussein Al-Nashiri.
The military commissions’ appellate body has affirmed the military judge’s rulings in United States v. Al-Nashiri and ordered that pre-trial proceedings resume for the first time since February.
The military commissions welcome a new judge to preside over the 9/11 case—and hear testimony from an investigator into why its former convening authority was fired.