Military Commission Updates

Robert Chesney
Friday, October 21, 2011, 9:44 AM
A couple of military commission developments worth mention. First, al Nashiri has filed a motion "To Determine If the Trial of this Case Is One From Which the Defendant May Be Meaningfully Acquitted."  The motion is not yet available to the public, so I don't know what precisely is being argued here.  I assume it has something to do with the idea that al Nashiri likely would remain in military custody even if acquitted.  But that's just a guess; I will post the motion once it is available. Second, bearing in mind that early on there was criticism of the new military commission website on the

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A couple of military commission developments worth mention. First, al Nashiri has filed a motion "To Determine If the Trial of this Case Is One From Which the Defendant May Be Meaningfully Acquitted."  The motion is not yet available to the public, so I don't know what precisely is being argued here.  I assume it has something to do with the idea that al Nashiri likely would remain in military custody even if acquitted.  But that's just a guess; I will post the motion once it is available. Second, bearing in mind that early on there was criticism of the new military commission website on the ground that it did not provide access to some non-classified documents from earlier stages in the commission system, I note that the commission website has posted the following notice:
Between October 7, 2011 and October 13, 2011 nearly 400 additional case files have been posted to the Military Commissions website. A majority of the released case files are located in the Omar Ahmed Khadr case page, and in the cases having the designation "MCO No. 1." The "MCO No. 1" designation signifies that those case documents were filed in relation to the military commissions process established by Military Commission Order No. 1 and not the Military Commissions Act of 2006 or 2009. Please check back often as we continue to upload documents to the website. 
It may be that there are some or even many significant unclassified documents that have not yet been added to the new website, but it appears to be the case that there is an ongoing process to address such concerns.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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