Guantanamo: Prosecutions

I normally don't write about the substance of New York Times editorials, prefering to keep my role pure as the Grey Lady's unofficial—and lamentably unpaid—fact-checker on national security legal matters. But Sunday's editorial on "How to Close Guantanamo" requires brief comment.

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.

From Defense One:

A markup of the FY2016 defense bill---which includes, as per usual and among other things, provisions restricting transfers of Guantanamo detainees---will get underway at 10:00 a.m. at the House Armed Services Committee.

Embedded video is below; a copy of the Chairman's mark can be found here.