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The Lawfare Podcast: A Victory for Al-Bahlul on Remand

On this week’s Lawfare Podcast, Managing Editor Wells Bennett invited Steve Vladeck of both Lawfare and Just Security, and Adam Thurschwell, an attorney with the Office of the Chief Defense Counsel of the Military Commissions, into the Lawfare studio to discuss the D.C. Circuit’s decision in Al Bahlul v. United States. In its ruling, the Court vacated Ali Hamza Suliman al Bahlul’s conviction for inchoate conspiracy—a purely domestic law offense—because Article III of the Constitution permits trial by military commission of offenses against the international laws of war only. The show takes a deep dive into the case and the Court’s opinion, ponders the future of the military commissions, and outlines what we can expect the government to do next in the case.

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