Latest in Military Commissions
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.
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.
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.
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.
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.
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.
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).
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.
On Friday, the judge United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 military commission), Col. Keith Parrella, rejected a defense motion to dismiss the case on the grounds of unlawful influence on the part of former defense secretary James Mattis and former Defense Department Acting General Counsel William Castle.
Over the week of Nov. 12, the military commission in United States v. Khalid Sheikh Mohammed picked up pretrial proceedings from its September sitting. The newly presiding military judge, Col.