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

Bahlul D.C. Circuit Argument Postponed; Is Hamdan Nigh?

Steve Vladeck
Wednesday, August 22, 2012, 11:41 AM

Ben beat me to it, but this morning, the D.C Circuit issued a terse order removing United States v.

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Ben beat me to it, but this morning, the D.C Circuit issued a terse order removing United States v. al Bahlul (the "other" military commission appeal) from its argument calendar (it was scheduled to be argued before Judges Henderson, Rogers, and Tatel on Monday, September 10), and ordering "that oral argument be postponed until further order of the court." There's no indication of why the Court of Appeals would take Bahlul off the calendar so close to the argument, but one obvious (and, in my view, likely) explanation is that the decision in United States v. Hamdan, which could obviously bear directly on al Bahlul, is shortly to be handed down. Stay tuned...

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Armed Conflict Courts & Litigation Criminal Justice & the Rule of Law Executive Branch Terrorism & Extremism
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Steve Vladeck

Steve Vladeck

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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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