DCCA Panel Vacates Al-Bahlul's Conviction for Conspiracy

Wells Bennett
Friday, June 12, 2015, 10:41 AM

I have only flipped through the three-judge panel's 2-1 ruling in this quite important military commissions case.

It seems Judges Judith Rogers (who authored today's opinion for the majority) and David Tatel concluded to overturn the Guantanamo detainee's remaining conviction on Article III grounds. Judge Tatel also writes a separate opinion, mostly to explain why he joined an earlier en banc panel upholding Al-Bahlul's conspiracy conviction; Judge Karen LeCraft Henderson dissents.

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I have only flipped through the three-judge panel's 2-1 ruling in this quite important military commissions case.

It seems Judges Judith Rogers (who authored today's opinion for the majority) and David Tatel concluded to overturn the Guantanamo detainee's remaining conviction on Article III grounds. Judge Tatel also writes a separate opinion, mostly to explain why he joined an earlier en banc panel upholding Al-Bahlul's conspiracy conviction; Judge Karen LeCraft Henderson dissents.

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Wells Bennett

Wells Bennett

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Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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