Guantanamo: Litigation: D.C. Circuit

Latest in Guantanamo: Litigation: D.C. Circuit

Guantanamo

D.C. Circuit Strikes Down Bill of Attainder Claim in Paracha v. Trump

Yesterday, in a short per curiam opinion, the U.S. Court of Appeals for the D.C. Circuit affirmed the ruling of the U.S. District Court for the District Columbia that the lower court had no jurisdiction over a motion by Guantanamo detainee Saifullah Paracha to hold certain statutory provisions unconstitutional as “bills of attainder.” 

Case Coverage: Al Nashiri Case

Al-Nashiri II: Comity, Legitimacy, and the Military Commissions

The D.C. Circuit's refusal to reach the merits of Al-Nashiri's pre-trial challenge to the jurisdiction of the Guantánamo military commissions may seem like a hypertechnical application of a hypertechnical doctrine, but it's premised on a far deeper—and more problematic—normative assessment of the commissions' legitimacy.

Guantanamo

The Misbegotten Court of Military Commission Review

Last Friday's D.C. Circuit ruling in the Khadr case provides yet another striking illustration of how misbegotten an experiment the Court of Military Commission Review has turned out to be. As this post explains, not only does the CMCR suffer from inherent structural flaws that the political branches seem uninterested in fixing, but its substantive role in the military commission process has turned out to be not only woefully inefficient, but affirmatively counter-productive from both the government's and the defendants' perspectives. Simply put, the CMCR has become an object lesson in how not to create new non-Article III federal courts — and an expensive one, at that.

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