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Government Files Response to Al Janko's Petition for Rehearing En Banc
Today the government filed its response opposing Abdul Rahim Abdul Razak al Janko's petition for an en banc rehearing. Back in January, a three-judge panel of the D.C. -
The Administration's New (and Unconvincing) Reading of the Notice Requirement for GTMO transfers
The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds. -
Another PRB, Another Detainee Cleared for Transfer
This time it's Ghaleb Nassar Al Bihani, about whom a Periodic Review Board found last week: The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer... -
One or Two Other Statutes the President Likely Disregarded in The Bergdahl Deal [UPDATED]
Earlier today I explained why the President almost certainly disregarded Section 1035 of the 2014 NDAA when he swapped the GTMO detainees for Bergdahl. The President probably disregarded another statute... -
Thoughts on the Bergdahl-for-Taliban Trade
What do you give up to get back one of your own? Talk about a hard national security choice. The decision to trade five senior Taliban detainees at Guantanamo for Private First Class Bowe Bergdahl has it... -
The President Pretty Clearly Disregarded a Congressional Statute in Swapping GTMO Detainees for Bergdahl
Marty Lederman tries mightily to interpret Bergdahl’s release as consistent* not inconsistent with the wishes of Congress, but I don’t think he succeeds. Section 1035 of the 2014 NDAA authorizes the Def... -
Who Was Bowe Bergdahl?
Fascinating article in the Daily Beast from Nathan Bradley Bethea, who served with him: It was June 30, 2009, and I was in the city of Sharana, the capitol of Paktika province in Afghanistan. As I stepp... -
Released Taliban Detainees: Not So “Innocent” After All?
Today’s Washington Post contains an interesting article about the backgrounds of the five released Taliban detainees entitled "Freed prisoners were battle-hardened Taliban commanders." According to the ... -
Sgt. Bowe Bergdahl Freed in Exchange for Transfer of Five GTMO Detainees
Some wonderful (and quite NDAA-relevant) news, here reported by Talking Points Memo: WASHINGTON (AP) — The only American soldier held prisoner in Afghanistan has been freed and is back in U.S. custod... -
Today in Al-Nashiri: Closed Session
Today promises only closed argument on the government's motion to have the military judge reconsider his order for extensive discovery into the CIA's RDI program. (Open argument was held yesterday.) We... -
5/28 Session #4: On the Motion to Reconsider the RDI Discovery Order
We return from a recess-ette. The parties quickly handle AE272, in which the defense asks the commission to replicate, in this case, a ruling entered in the 9/11 case. Recall that in the latter, the FB... -
5/28 Session #3: Members Versus Judges; Continuing Discovery Obligations
Action resumes at the Expeditionary Legal Complex, Courtroom Two. Army Col. James Pohl, the military judge, calls the proceedings once more to order. The defense, in AE267B, makes a due process argumen...
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