United States v. Al Bahlul

Latest in United States v. Al Bahlul

Military Commissions

DC Circuit Upholds Conspiracy Conviction in al-Bahlul

In an en banc decision, the D.C. Circuit Court of Appeals affirmed Ali Hamza al-Bahlul's conviction by military commission for conspiracy to commit war crimes. The decision is the opposite of the court's panel decision last June, which vacated al-Bahlul's conviction. The court's decision is also available here.

Military Commissions

Al Bahlul Responds to United States' Petition for En Banc Review

The brief was submitted to the D.C. Circuit yesterday, by the Guantanamo detainee's lawyers. We thus await decision from the appeals court as to whether it will order en banc rehearing in this long-running military commissions case.

It almost certainly won't, in my view—but we'll see soon enough.

Military Commissions

The Functional Case Against Military Commission Trials of "Domestic" Offenses

As I explained on Sunday, one way to understand the diffference between the majority and dissenting opinions in last Friday's D.C. Circuit decision in al Bahlul v. United States is as reflecting two different methodological approaches to the question of whether Congress can empower non-Article III military commissions to try "domestic" offenses like inchoate conspiracy.

Terrorism Trials: Military Commissions

An Overview of the DC Circuit’s Opinion in Al Bahlul v. United States

On June 12, a three-judge panel of the D.C. Circuit handed down its decision in the most recent iteration of Al Bahlul v. United States, vacating defendant Ali Hamza Suliman al Bahlul’s conviction for inchoate conspiracy. Al Bahlul’s other convictions had previously been vacated by the D.C.

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