Military Commissions

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Military Commissions

In U.S. v. Al-Nashiri the Government Is Rewarding Torture and Incentivizing Torturers

In 2014, the State Department said that “the test for any nation committed to [the Convention against Torture] and to the rule of law is not whether it ever makes mistakes, but whether and how it corrects them.” In U.S. v. Al-Nashiri, the government is failing that test miserably by openly embracing torture-tainted evidence in violation of federal law, international law, and U.S. policy.

Military Commissions

Guantanamo Detainee Files Suit for Release Following Completion of 10-Year Sentence

On June 7, Majid S. Khan, a Pakistani detainee at Guantánamo Bay whose sentence ended on March 1, filed a 30-page petition for a writ of habeas corpus against President Joe Biden, Defense Secretary Lloyd Austin, and Lance Okamura, the U.S. commander of Joint Task Force-Guantanamo.

The National Security Law Podcast

The National Security Law Podcast: Back in Steve’s Office

Recording episode 202 was something of a milestone for us, because we met in Steve’s office for an in-person recording for the first time since Before. Wow! We’re grateful to be back in the “studio,” and we found it was a much-more fun experience for us. See if you can detect the difference as we talk about

Military Commissions

Military Commissions Judge Rules That Torture Can Be a Factor in Sentencing

Military judge Col. Douglas K. Watkins issued a ruling on June 4 holding that military judges have "legal authority to grant administrative credit as a remedy for illegal pretrial punishment." The ruling came in the case of Majid Khan, a detainee at Guantanamo Bay who pleaded guilty in February 2012 to charges stemming from his helping to finance a 2003 al-Qaeda attack in Indonesia that killed 11 people. Khan was detained by the CIA from 2003-2006 and alleges that he was tortured while in custody. Col.

Military Commissions

D.C. Circuit Dismisses Challenge to Former Judge in 9/11 Military Commission

A three-judge panel of the D.C. Circuit has denied a petition from three of the five defendants on trial before a military commission for their roles in the 9/11 terrorist attacks, who sought to disqualify a former military judge who presided over some of their proceedings at Guantanamo Bay. The petitioners—Khalid Shaikh Mohammad, Walid M.

Military Commissions

Military Commissions Judge Rules Against Government Privilege Claim in Nashiri Case

A new military commissions judge in the Abd al-Rahim al-Nashiri case has dismissed a series of government motions seeking to avoid turning over classified materials to Nashiri's defense team. In April, the U.S. Court of Appeals for the D.C. Circuit threw out more than three years of orders issued by the case's former, Col. Vance Spath. The government had requested "reconsideration" of 30 of Spath's now-vacated orders about classified evidence.

Military Commissions

Federal Judge Dismisses Military Commissions Defendant's 8th Amendment Claim

Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia has dismissed claims from a military commissions defendant alleging that he has been denied satisfactory medical care at Guantanamo Bay. The defendant, known as Abdul Hadi al Iraqi, had filed a motion to dismiss the case on multiple grounds, including alleged 8th amendment violations.

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

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