Guantanamo Bay

Latest in Guantanamo Bay

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.

Guantanamo Bay

D.C. Circuit Overrules District Court's Due Process Ruling in Qasim v. Trump

On Friday, the D.C. Circuit ruled in Qasim v. Trump that circuit precedent in Kiyemba v. Obama does not preclude Guantanamo detainees from claiming procedural due process violations. The ruling reverses the district court's ruling below and remands the case for consideration on the merits of the claim. The ruling is below.

Guantanamo Bay

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.

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