We’re back with another round of discussion and debate featuring co-hosts Steve Vladeck and Bobby Chesney, working through the latest national security law developments. Tune in for:
Latest in Guantanamo
We’re back with a new episode! Tune in as your co-hosts Professor Steve Vladeck and Bobby Chesney discuss and debate:
Abu Zubaydah, a detainee held at Guantanamo, wants testimony from two former CIA contractors about his treatment at a CIA black site in connection with a criminal inquiry in Poland. The government says their testimonies could expose state secrets.
Welcome back! This week your co-hosts Steve Vladeck and Bobby Chesney discuss and debate:
We are back after a week off, and apparently your co-hosts used the extra time to sharpen disagreements about old school topics like … GTMO! Tune in for:
The U.S. Court of Appeals for the D.C. Circuit today rejected arguments by Abdul Razak Ali, an Algerian national held at Guantanamo Bay, that the full breadth of the Fifth Amendment’s Due Process Clause applies to Guantanamo detainees. The court denied Ali’s petition for a writ of habeas corpus.
You can read the opinion and judgment below:
We are back with an interview-focused episode! Tune in as Professors Chesney and Vladeck interview Brigadier General John G. Baker, USMC. Gen. Baker is Chief Defense Counsel for the military commissions at Guantanamo.
And, yes, there’s frivolity at the end... Bills-themed frivolity!
The D.C. Circuit will hear oral arguments on December 11 in Ali v. Trump. Abdul Razak Ali, who has been detained at Guantanamo for over 17 years, had petitioned for an initial en banc hearing before the D.C. Circuit but that request was denied. Ali seeks relief under the Due Process Clause for his continued detention at Guantanamo.
Last month, the military commission for the matter of United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 trial) held a marathon three weeks of nearly back-to-back hearings. After being held up by delays in the publication and release of relevant transcripts, this post summarizes these proceedings and identifies several areas of potential interest, including testimony from two FBI special agents regarding their interviews with the defendants and their prior knowledge of alleged torture by the CIA.
Update on the Military Commissions: Continued Health Issues, Recusal Motion and a New Cell in 'al-Iraqi'
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened Aug. 21-28. You can find previous Lawfare coverage here and here.