Military Commissions

Department of Defense / Ben Balter (background)

In the wake of the September 11 terrorist attacks, the Bush administration revived the long stagnant precedent of Ex Parte Quirin to establish military commission trials for individuals detained during the Global War on Terror. Ever since, the administration, Congress, and the courts have been working out the details of the system, litigating the details on statutory, constitutional, and policy grounds, and struggling to bring key terrorist figures to trial.  The Obama administration has been less than enthusiastic about pursuing charges using military commissions, though it has pursued some, and some of these trials have already dragged on for years.

 

Latest in Military Commissions

Military Commissions

Last Week at the Military Commissions: Bug Sweeps, Defendants’ Sixth Amendment Confrontation Rights, Existence of Pre-9/11 Hostilities and More

In a session cut short by a stay from the Court of Military Commission Review (CMCR), the military commission in United States v. Khalid Sheikh Mohammad, et al. (i.e., the 9/11 military commission) reconvened on March 25-27. See here for previous Lawfare coverage.

Military Commissions

9/11 Military Commission Judge Rejects Unlawful Influence Claim

The judge in the 9/11 military commission has denied a defense motion to dismiss which alleged that former Defense Secretary James Mattis and the defense department general counsel unlawfully influenced proceedings by firing the military commissions convening authority and his legal adviser.

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