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

Sure, We'll Clear the Courtroom: Closed Session in Khairkhwa

Wells Bennett
Friday, October 5, 2012, 11:23 AM
Yesterday, we promised to be in attendance during today's argument session in Khairkhwa v. Obama And this morning, yours truly sat through two standard-issue D.C.

Published by The Lawfare Institute
in Cooperation With
Brookings

Yesterday, we promised to be in attendance during today's argument session in Khairkhwa v. Obama And this morning, yours truly sat through two standard-issue D.C. arguments---one, a criminal appeal challenging jury instructions, and another, an electrifying discussion of National Labor Relations Board procedures and arcana---before the time came for argument in the Guantanamo case. But that was when the clerk called for the courtroom's closure.  And then added that there would be no public session, after all.  (The judges apparently opted for this approach late yesterday or early this morning.)  It thus turns out that we were not in the house after all, and must await the case's disposition by the court of appeals.

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.

Subscribe to Lawfare