Military Commissions

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Case Coverage: Military Commissions

This Week at the Military Commissions, 9/7 Session: The Return of the Prodigal Defendant

And we’re back, after a trifling 18-month delay, a lot of litigation, and a major D.C. Circuit decision: the military commission has reconvened for three days of motions hearings in the case of Abd al Rahim al Nashiri, accused of orchestrating the USS Cole bombing.

Military Commissions

The Al Nashiri II Decision: An Opportunity to Reconsider the Transfer Restrictions

I have defended military commissions. And if the executive branch of its own free will prefers to proceed in a military commission against Al Nashiri, as it once chose to do, I will defend its authority to do so. But forcing it do so strikes me as pretty dumb, particularly when the results are so uncertain, the benefits so hard to identify, and the costs are potentially so great.

Military Commissions

Thoughts on Al Nashiri II

The result of Nashiri II is that we know a few big things we did not know yesterday morning: the federal courts are not going to intervene; Al-Nashiri will go to trial in a military commission; this case is going to take a very long time; and it's going to proceed with a good bit of jurisdictional doubt that will some day require a reckoning. 

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