Armed Conflict Courts & Litigation Criminal Justice & the Rule of Law Terrorism & Extremism

Bahlul Files Reply Brief

Raffaela Wakeman
Thursday, June 28, 2012, 9:49 AM

Ali Hamza Ahmad Suliman Al Bahlul has filed his reply brief in his appeal of his military commission conviction in the U.S. Court of Appeals for the District of Columbia Circuit. You'll recall that Al Bahul requested his appeal to be heard initially en banc, but that motion was denied.

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Ali Hamza Ahmad Suliman Al Bahlul has filed his reply brief in his appeal of his military commission conviction in the U.S. Court of Appeals for the District of Columbia Circuit. You'll recall that Al Bahul requested his appeal to be heard initially en banc, but that motion was denied. The government filed its respondent brief shortly thereafter. Bahlul makes three main arguments:

  1. The Government cannot Lawfully Divert the Prosecution of Domestic Crimes to a Law-of-War Commission Convened in Guantanamo Bay.
  2. The United States cannot put “the Thoughts, the Beliefs, the Ideals of the Accused” on Trial.
  3. The Government Offers No Rational, let alone Compelling, Reason to Allow Military Commissions to Deny Equal Justice under Law.

Oral argument is scheduled for September 10th before Circuit Judges Karen LeCraft Henderson, Judith Rogers, and David Tatel.

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Armed Conflict Courts & Litigation Criminal Justice & the Rule of Law Terrorism & Extremism
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Raffaela Wakeman

Raffaela Wakeman

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Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT. Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.

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