Guantanamo

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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.

Military Commissions

Oral Argument Summary: In re: Abd Al-Rahim Hussein Al-Nashiri

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. Judges Judith Rogers, David Tatel and Thomas Griffith reviewed Abd Al Rahim Hussein Al-Nashiri’s (“Al-Nashiri”) request for a writ of mandamus and prohibition directing the vacatur of the orders convening the military commission which tried him.

Military Commissions

Last Week at the Military Commissions: A New Judge and Testimony on Unlawful Influence

Last week, the military commission in United States v. Khalid Sheikh Mohammed et al. reconvened for pretrial proceedings, meeting in open session on Sept. 10, 11, and 12. The commission covered Col. Keith Parrella’s replacement of Col. James Pohl as the presiding military judge, began discovery motions, and interviewed witness Lieutenant Doug Newman.

Parrella’s Transition into the Role

The National Security Law Podcast

Special Episode of the National Security Law Podcast: Guantanamo, Miranda and the NYC Attack

I wanted to draw attention to a special episode of the National Security Law Podcast, which Steve Vladeck and I just recorded in response to President Trump's statement that it might be best to send Saipov (the terrorist who killed in NYC yesterday) to Guantanamo, his criticism of civilian criminal prosecution, and Senator Graham's suggestion that Saipov should be interrogated without counsel.

detention

An American Enemy Combatant Case? The News Out of DOD, and What Might Happen Next

DOD has confirmed that an (as-yet-unidentified) American citizen is being held in U.S. military custody in Syria or Iraq as an enemy combatant. More specifically, the available information asserts that he was a fighter for the Islamic State who was captured in Syria by U.S.-friendly forces (or at least surrendered to those forces), and was then turned over to the U.S.

How significant is this development from a legal perspective?

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