Power Wars Blog by Charlie Savage

More Gitmo military commissions action at the Supreme Court: Bahlul cert petition filed

Defense lawyers for Ali Hamza al-Bahlul have filed a petition asking the Supreme Court to take his appeal of his conviction before a military commission of the non-war crime of “conspiracy.” It should be docketed tomorrow.

Bahlul’s case has created one of the most complex appellate matters arising from the tribunals system. It went up and down several times between a three-judge panel and the en banc Court of Appeals for the District of Columbia and it led to an internal split in the Obama adminsitration. In Power Wars, see Chapter 10 (“Wounds that Won’t Heal: Captives 2011-2015”), Section 8 (“War Crimes, Real and Imagined”).

It comes fast on the heels of a cert petition in the Nashiri case. So lots  of interesting military commissions action at the Supreme Court is coming, potentially. If they take them.

Here’s my article about the most recent Bahlul ruling at the D.C. Circuit level, from last fall. And here is the cert petition, which should be docketed tomorrow: