Latest in Military Commissions
The latest appeal, one in a long line of many, raises again an interesting issue about whether the military commission convening authority is properly appointed under the U.S. Constitution.
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.
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.
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
A Military Commission Judge sanctioned the government Monday for its misconduct in its prosecution of a Guantanamo Bay detainee.
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.
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.
We are back with an interview-focused episode! Tune in as Professors Chesney and Vladeck interview Brigadier General John G. Baker, USMC. Gen. Baker is Chief Defense Counsel for the military commissions at Guantanamo.
And, yes, there’s frivolity at the end... Bills-themed frivolity!
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.
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.