DC Circuit Overturns Hamdan Conviction, Says Military Commissions Unusable for Material Support Charges

By: Tuesday October 16, 2012 2:02 pm

In a significant ruling today, a federal appeals court overturned a conviction of Salim Hamdan, Osama bin Laden’s driver, obtained through a military commission. Judge Brett Kavanaugh, a George W. Bush appointee seen as a possible conservative Supreme Court justice, wrote in a ruling for a three-judge panel of the DC Circuit Court that Hamdan [...]

House Armed Services Chair McKeon: I’ll Block Defense Authorization Bill if Military Chaplains Can Perform Same-Sex Marriages

By: Monday October 10, 2011 8:55 am

Even in the Era of New Dysfunction, Congress usually manages to pass a defense authorization bill. The forces of nature demand that the war machine gets to set its budgets on time, even if the budgets for food stamps, welfare, the NIH, the Department of Education, etc., have to sit on pins and needles and [...]

Somali Terror Suspect Detained and Interrogated on Ship for Two Months

By: Wednesday July 6, 2011 8:10 am

A couple weeks ago, Adm. William McRaven of the Joint Special Operations Command wondered if there was even a standard system for capturing and interrogating terrorist suspects in the Obama era. Now we know that there’s a template – you hold the suspect at sea for months until you figure out a way to charge [...]

Paul, Lee Criticize “Problematic” Indefinite Detention Order

By: Tuesday March 8, 2011 7:50 am

There’s no surprise in the ACLU criticizing a policy on Guantanamo and indefinite detention like what President Obama ordered into law yesterday. ACLU President Anthony Romero told supporters in a statement that “The detention of Guantánamo detainees for nine years without charge or trial is a stain on America’s reputation that should be ended immediately, [...]

Obama Will Restart Military Commissions at Guantanamo, Sign Executive Order for Indefinite Detention

By: Monday March 7, 2011 12:38 pm

President Obama has announced that he will lift a two-year ban on military commissions for detainees at Guantanamo Bay, Cuba, and restart those trials immediately. Here’s the statement from the President: “From the beginning of my Administration, the United States has worked to bring terrorists to justice consistent with our commitment to protect the American [...]

Hillary Clinton: Article III Courts More Successful at Convicting Terrorists

By: Monday November 22, 2010 1:46 pm

The successful conviction of Ahmed Ghailani, to a crime that will in all likelihood deliver a longer sentence than practically any conviction coming out of a military commission, nonetheless led bloodthirsty conservatives to claim that the system failed, and that terrorist suspects should never be tried in Article III courts. Rather than graciously accept the [...]

The Veering To The Right Of The Terror Trial Debate

By: Tuesday March 9, 2010 8:51 am

Charlie Savage and Scott Shane do a pretty good job of explaining why banning civilian trials for terror suspects would be a horrible idea, getting several Bush Administration lawyers to agree on that. They all stress the vulnerabilities of the military commission system, the greater prospects of overturning verdicts on appeal, the wariness of foreign [...]

Feingold: Don’t Try KSM In A Military Commission

By: Friday March 5, 2010 1:11 pm

Via Greg Sargent, the Senate’s most committed civil libertarian, Russ Feingold, calls on the President not to give in to Republican fearmongering and to hold the KSM trial as scheduled, in an Article III court: “We have a great track record of successfully trying and convicting terrorists in civilian courts. The military commission system is [...]

Advisers To Recommend Trying KSM In Military Commissions

By: Friday March 5, 2010 6:39 am

The Washington Post seems pretty convinced that President Obama will accept the recommendation of top national security advisers and back down on a civilian trial for Khalid Sheikh Mohammed. The president’s advisers feel increasingly hemmed in by bipartisan opposition to a federal trial in New York and demands, mainly from Republicans, that Mohammed and his [...]

Backtracking On Civilian Court Trial For KSM, Alleged 9/11 Plotters?

By: Friday February 12, 2010 8:48 am

In an interview today with the Washington Post, Attorney General Eric Holder seemed to hedge on the question of whether the government would hold the trial of Khalid Sheikh Mohammed and the other alleged 9/11 co-conspirators in a civilian court or a military commission. Administration officials acknowledge that Holder and Obama advisers were unable to [...]

Two-Faced Republicans Questioned On Richard Reid/Umar Farouk Abdulmutallab Parallels

By: Wednesday December 30, 2009 12:15 pm

It’s fun to see Josh Marshall getting back to a core competency of TPM – taking one issue and refusing to let it go. Today he asks a simple question for those in the GOP trying to criticize the Justice Department for trying Umar Farouk Abdulmtallab in criminal court: why, then, was Richard Reid, the [...]

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