Latest in Terrorism Trials: Military Commissions

Case Coverage: Al Nashiri Case

Will the Federal Court Address Whether We Were at War with al Qaeda Prior to 9/11?

In Al Nashiri v. Obama, a panel of the D.C. Circuit appeared to be leaning toward allowing the federal courts to address when hostilities began with al Qaeda. Al Nashiri is challenging the authority of the Guantánamo military commissions to try offenses that pre-dated the September 11 attacks. Specifically, Nashiri is charged with complicity in the bombing on the USS Cole in 2000, and an earlier attempted bombing, that year, of the USS The Sullivans.

Terrorism Trials: Military Commissions

The Nashiri Merits: Do Military Commissions Have Jurisdiction Over Pre-9/11 Crimes?

Last Wednesday, following more of the oft-renewed Administration calls to close Guantánamo, 10 Yemeni detainees were transferred to Oman—the biggest single transfer under the Obama administration. Meanwhile, the litigation surrounding Abd al-Rahim al-Nashiri’s yet-to-be-commenced military commission trial pressed on. Last week, the government argued that abstention should prevent a decision on the merits of the effort to stop the trial before it happens.

Terrorism Trials: Military Commissions

Abstention in Nashiri: The Government Responds

With the ruling in Al Bahlul IV still outstanding, the D.C. Circuit is set to hear argument next month on the military commission trial – yet to take place – of Abd al-Rahim al-Nashiri, the Guantánamo detainee charged with planning the 2000 bombing of the USS Cole in Yemen, among other offenses. Nashiri’s challenge raises corollary questions to Al Bahlul about the scope of military commission jurisdiction.

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.

Terrorism Trials: Military Commissions

Hearing This Week in the Al Hadi Military Commissions Case

A whopping two weeks of court time earlier had been reserved for pre-trial motions in United States v. Abd al Hadi al Iraqi---but not all of it will be filled with proceedings in the Guantanamo courtroom. The military judge's docketing order doesn't suggest a marathon, for one thing, but instead only sets a few motions for oral argument and allows for the calendar to be adjusted in light of in-court progress.

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