Military Commission

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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.

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.

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.

Case Coverage: Military Commissions

This Week at the Military Commissions, 10/12 Session: “An Anomaly in the Law”

On the 10/12 session of pretrial hearings in the 9/11 case, the court takes up a series of defense motions to grant Abu Zubaydah testimonial immunity, compel witnesses to come to Guantanamo Bay to testify, provide the defense with medical records for Mustafa al Hawsawi, and grant Bin Attash's defense team access to the documents obtained at Bin Laden's house in Abbottabad. 

Case Coverage: 9/11 Case

10/28 Session: Time, or Not, to Replace Defense Counsel

The proceedings concluded on Monday with Walid Bin Attash indicating he wished to discuss his rights to counsel and pro se representation. Judge Pohl granted the Bin Attash defense team a day and a half to research the issue this week and called the session to order Wednesday morning prepared to advise Bin Attash accordingly.

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