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Reply Brief from al-Bahlul (CMCR)
Al-Bahlul (though not Hamdan, so far as I know) has filed a reply brief in relation to the en banc CMCR proceedings (oral argument this morning). The brief is posted here. -
Summary of Arguments in the Government's Briefs in al-Bahlul and Hamdan
As promised yesterday, I’m posting a short overview of the arguments in the government’s briefs to the en banc CMCR in al-Bahlul and Hamdan (click here for an earlier post doing the same for the appellan... -
CMCR Releases Preview Documents with Handy Logistics and Background Information in Advance of Tomorrow's Oral Argument
The CMCR has released handy "preview" documents for tomorrow's en banc proceedings in al-Bahlul and Hamdan. They give bios for all the judges, list the attorneys involved, give a summary of the issues, ... -
Latif Oral Argument Summary
(By Benjamin Wittes and Larkin Reynolds) This summary is going to be short--short and obscure. The reason is that Judge Karen LeCraft Henderson opened today's arguments by announcing that almost none of ... -
The Future of Military Commissions at Stake? Oral Argument Thursday at the CMCR, and Links to the Government's Briefs
The en banc Court of Military Commission Review will hear oral argument this Thursday in al-Bahlul and Hamdan. These cases are critical to the future of the military commission system. They call into q... -
The Graham Habeas Bill--A Brief Analysis
In fulfillment of my promise last week to provide analysis of the various pieces of new Senate legislation, here are some thoughts on the new version of Senator Lindsey Graham's habeas reform bill. The b... -
White House Confirms that U.S. Practices in NIAC, While Consistent With Article 75, Are Not Governed By That Provision
According to Julian Barnes at the Wall Street Journal, the White House has confirmed that (a) Article 75 of Protocol I does not apply in the Non-International Armed Conflict with al Qaeda as customary in... -
Abdah (Latif) Argument Preview
Tomorrow morning, the D.C. Circuit Court of Appeals will hear arguments in Abdah v. Barack Obama (Al Latif) (No. 10-5319). The argument is slated to proceed before Judges Karen LeCraft Henderson, David T... -
My Last Word on Article 75
In the esoteric discussion about whether and how Article 75 of Protocol I, a treaty about international armed conflict (IAC), applies in the Non-International Armed Conflict (NIAC) with al Qaeda and The ... -
Further Thoughts on the White House Statement About Article 75
In my initial post on the White House statement regarding Article 75 of Additional Protocol I, I said I assumed that the statement means that the Administration intends to apply Article 75, as a matter o... -
Heller Responds to Stimson on Article 75
Kevin Jon Heller at Opinio Juris responds to Cully Stimson’s argument that Article 75 of Protocol I, if it applied to military commissions, might gut the relaxed hearsay rules in commissions. Article 7... -
Analysis of the McCain Legislation
I promised Thursday night to write up comments on the new legislation that has emerged in the Senate. Let me start with the proposal by Senator John McCain on detention rules. This bill, introduced by Se...
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