The Government's Supplemental Brief in Al-Bahlul
...is available here. In a nutshell:
Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicitation to commit war crimes.
Published by The Lawfare Institute
in Cooperation With
...is available here. In a nutshell:
Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicitation to commit war crimes. Because the Court is bound by Hamdan II, the government respectfully submits that it would be appropriate for the court to dispense with holding oral argument and proceed (once supplemental briefing has been completed) to issue its decision. In order to preserve the government’s arguments for further review, this brief also sets forth the government’s position that the legal rationale of Hamdan II is incorrect and that Bahlul’s convictions are consistent with the Constitution and applicable law.Bobby already flagged Charlie Savage's piece on the interagency dispute that culminated with this brief. It'll be fascinating to see if, based on the last sentence, a cert. petition is now (or soon will be) forthcoming.
Steve Vladeck is a professor of law at the University of Texas School of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law & Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks.
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