Bahlul Case Not Dismissed Over Counsel

Don't let it ever be said that the D.C. Circuit always rules against detainees. Today, a three-judge panel ruled kept Ali Hamza Ahmad Suliman Al Bahlul’s military commission appeal alive--likely against Al Bahlul's will. The government, as you may recall from prior coverage, had challenged whether the Al Bahlul had really authorized the appeal of his conviction and life sentence–arguing that there was evidence that he specifically attempted to forbid the appeal and that the appeal should thus be dismissed. His lawyers responded that the facts the government alleged did not justify disqualifying counsel or dismissing the appeal. The government then filed a reply brief; Al Bahlul’s lawyers responded with a surreply, And now the D.C. Circuit has responded with a per curiam order giving Al Bahlul's lawyers--though maybe not Al Bahlul--what they wanted:

the motion to require petitioner’s counsel to demonstrate authority to pursue the appeal or, in the alternative, to dismiss the appeal be denied. Respondent has not demonstrated the requested relief is warranted. The Military Commission Act directs that a person convicted by military commission “shall be represented” before this court by appellate counsel appointed under procedures established by the Secretary of Defense. 10 U.S.C. § 950h(a), (c). As respondent acknowledges, petitioner’s counsel was duly appointed by the Chief Defense Counsel. Respondent’s evidence does not provide an adequate basis for the court to question counsel’s authority to represent the petitioner in this case.