Military Commissions
It’s Time to Admit That the Military Commissions Have Failed
Steve Vladeck Tue, Apr 16, 2019, 10:40 PM
I’ve written elsewhere about the U.S. Court of Appeals for the D.C.
Latest in Military Commissions
Military Commissions
Summary: D.C. Circuit Vacates Military Judge’s Rulings in Al-Nashiri
Sarah Grant Tue, Apr 16, 2019, 5:06 PM
On April 16, the Court of Appeals for the D.C. Circuit granted Guantanamo detainee and alleged USS Cole bomber Abd al-Rahim Hussein Muhammed al-Nashiri’s petition for a writ of mandamus and vacated all orders issued by former military judge Col. Vance Spath during a 28-month period on account of Spath’s failure to disqualify himself due to an apparent conflict of interest.
Military Commissions
Last Week at the Military Commissions: Pre-sentencing Hearings Continue in United States v. Khan
Rachael Hanna Thu, Apr 11, 2019, 3:17 PM
The military commission for Majid Shoukat Khan, who pleaded guilty to charges related to his role as a low-level al-Qaeda operative in 2012, reconvened on April 1, after a hiatus since July 2018.
Military Commissions
Last Week at the Military Commissions: Bug Sweeps, Defendants’ Sixth Amendment Confrontation Rights, Existence of Pre-9/11 Hostilities and More
Jacques Singer-Emery Thu, Apr 4, 2019, 3:46 PM
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.
Military Commission
Court of Military Commissions Review Upholds Life Sentence for al-Bahlul
Patrick McDonnell Tue, Apr 2, 2019, 8:25 AM
On March 21, the U.S. Court of Military Commission Review (CMCR) upheld Ali Hamza Ahmad Suliman al Bahlul’s conviction and life sentence for conspiracy to commit war crimes. The court also dismissed Bahlul’s challenge that the military commission that convicted him lacked jurisdiction because the appointment of the convening authority (CA) for the military commissions was statutorily and constitutionally improper.
Military Commissions
Last Week at the Military Commissions: Discovery Disputes and a Medical Recess in al-Iraqi
Sean Quirk Tue, Mar 12, 2019, 8:00 AM
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened on March 6, after a nearly two-month hiatus. This one-day session recapped party conferences since the last session and the defense counsel’s allegations that the government was inhibiting the discovery process.
Military Commissions
Last Week at the Military Commissions: Defense Teams Assert Conflict in Session Cut Short by Medical Emergency
Sarah Grant Tue, Feb 5, 2019, 9:03 AM
On Jan. 28 and 29, the military commission in United States v. Khalid Sheikh Mohammad, et al. (the 9/11 military commission) reconvened for pretrial proceedings, picking up from its November sitting. The session was scheduled to last for a week but was cut short on Tuesday due to a medical emergency on the part of the military judge, Col. Keith Parrella.
Military Commissions
Oral Argument Summary: In re: Abd Al-Rahim Hussein Al-Nashiri
Jacques Singer-Emery Fri, Feb 1, 2019, 9:29 AM
On Jan. 22, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in In re: Abd Al-Rahim Hussein Al-Nashiri. Judges Judith Rogers, David Tatel and Thomas Griffith reviewed Abd Al Rahim Hussein Al-Nashiri’s (“Al-Nashiri”) request for a writ of mandamus and prohibition directing the vacatur of the orders convening the military commission which tried him.
Military Commissions
Last Week at the Military Commissions: Medical Accommodations and Conspiracy Liability in al-Iraqi
Brenna Gautam, Sarah Grant Wed, Jan 23, 2019, 4:52 PM
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened from Jan. 7-14, after a break in proceedings beginning in November 2018. The bulk of the session focused on Hadi’s medical status and accommodations being made to enable his participation in proceedings, and the commission heard testimony from Hadi’s neurosurgeon, the camp senior medical officer (SMO), and the commander of the Joint Detention Group (JDG).
Military Commissions
Document: KSM Petitions the D.C. Circuit for Mandamus
Matthew Kahn Tue, Jan 22, 2019, 2:57 PM
On Tuesday, 9/11 plotter Khalid Sheikh Mohammed petitioned the D.C. Circuit for a writ of mandamus, asking that his trial by military commission be halted until the Court of Military Commissions Review appoints a panel to address contested issues in his case. The full document is below.