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On July 14, the en banc D.C. Circuit ruled in al Bahlul v. United States that "plain error" review applied to Bahlul's ex post facto challenge to his military commission convictions for conspiracy, mater...
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In a very positive development, Iraqi and Pesh Merga forces are in the midst of what appears thusfar to be a successful joint operation to take back the Mosul Dam from ISIS fighters. But it's not just th...
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Here it is.
The seven-page, heavily redacted legal analysis was apparently released earlier today, as a consequence of the FOIA action brought by the New York Times and the ACLU.
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With no more conflict motions for today, the Special Review Team swaps out and the normal prosecutors come back.
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After agreeing Wednesday to reconsider the severance of Ramzi Binalshibh from the other four accused in the 9/11 case, Judge Pohl reconvenes the commission on Thursday with a full house—all five accused,...
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Army Col. James Pohl starts Wednesday's brief session begins with a summary of where things stand in the case of United States v.
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Petitioner Ali al Bahlul, the Yemeni detainee who served as Osama bin Laden's personal assistant and public relations secretary, has just filed his opening brief in Al Bahlul v.
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The National Security Network has released a new report entitled "Ending the Endless War: An Incremental Approach to Repealing the 2001 AUMF." The report suggests a series of measures to cap and eventual...
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The military judge, Army Col. James Pohl, takes the bench. Only one accused is present: Ramzi Binalshibh, whose case the court recently separated out from that against the other four accused in the 9/11...
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In his WPR notification yesterday, President Obama stated that military operations in Iraq “will be limited in their scope and duration.” But today, according to the NYT, President Obama “sought to pre...
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Here is the letter. Two points of note.
First, the President makes clear that he is authorizing military force in Iraq “pursuant to my constitutional authority to conduct U.S. foreign relations and as ...
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It is pretty clear that President Obama today relied on Article II to attack the Islamist State (IS) in Iraq. I have addressed the legality of such unilateral military action here and here. I have also...