Guantanamo

Latest in Guantanamo

Documents

D.C. Circuit to Hear Oral Arguments in Guantanamo Case

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.

Military Commissions

Update From the Military Commissions: A Big September in the 9/11 Case

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.

September 9

Military Commissions

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.

Detention & Guantanamo

Due Process for Guantanamo Detainees: The D.C. Circuit Rules in Qassim

On June 21, the U.S. Court of Appeals for the D.C. Circuit returned to the question of the constitutional rights possessed by the detainees remaining at the U.S. naval base at Guantanamo Bay, Cuba. In particular, Khalid Ahmed Qassim asserted a Fifth Amendment due process right to see the classified information that allegedly supports his detention.

Military Commissions

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. Before recessing until the next session in mid-June, presiding military judge, Col.

Documents

Document: D.C. Circuit Vacates Orders of Nashiri Judge

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. 2015 as well as related rulings by the Court of Military Commissions Review.

Military Commissions

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.

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