Military Commissions

In the wake of Attorney General Eric Holder’s announcement that five Guantánamo prisoners — including Khalid Sheikh Mohammed — will face federal court trials in New York, and five others will face trials by Military Commission, much of the media has been consumed with the whining of opportunistic right-wing politicians, who persist in maintaining the [...]

With just over two months to go until President Obama’s deadline for the closure of Guantanamo, the administration has finally woken up to the necessity of actually doing something to facilitate the prison’s closure by announcing on Friday that Khalid Sheikh Mohammed and four other prisoners accused of involvement in the terrorist attacks of September [...]

I was so delighted that the Defense Authorization Act, signed into law by President Obama last Wednesday, included a hard-won concession that the administration can transfer prisoners from Guantánamo to the mainland to face trials (even though the legislation still bears the fingerprints of interfering lawmakers, and still, scandalously, prevents any innocent man from being [...]

At Guantánamo, as was recently revealed in the ruling of a District Court judge in the habeas corpus petition of one of the remaining 222 prisoners, the authorities’ view about the prisoners, back in 2003 or 2004, was that “there is no innocent person here.” The man who spoke these words was an unidentified senior [...]

Last Monday, when Khalid Sheikh Mohammed and his four co-defendants in the long-delayed 9/11 trial at Guantánamo were scheduled to make an appearance before their Military Commission judge, Army Col. Stephen Henley, to discuss some procedural arrangements and the ongoing dispute about the mental health of one of the men, Ramzi bin al-Shibh, the naval [...]

On Monday, following a request from the Obama administration, Army Col. Stephen Henley, the military judge in the proposed trial by Military Commission of five men charged in connection with the 9/11 attacks — Khalid Sheikh Mohammed, Ramzi bin al-Shibh, Mustafa al-Hawsawi, Ali Abdul Aziz Ali and Walid bin Attash (from top to bottom in [...]

On August 24, Mohammed Jawad, an Afghan prisoner who was, perhaps, as young as 12 when he was seized after a grenade attack in Kabul in December 2002 and transported to Guantánamo, was finally freed after his habeas corpus petition was granted, and returned to Afghanistan, where he was welcomed by President Hamid Karzai, who [...]

A month ago, when the Senate Armed Services Committee heard testimony on “legal issues regarding military commissions and the trial of detainees for violations of the law of war”, and the Constitution, Civil Rights, and Civil Liberties Subcommittee of the House Committee on the Judiciary held a hearing on “Legal Issues Surrounding the Military Commissions [...]

On Thursday, in a long-anticipated ruling (PDF), Judge Ellen Segal Huvelle granted the habeas corpus petition of Mohamed Jawad, an Afghan teenager seized after a grenade attack on a jeep containing two US soldiers and an Afghan translator in December 2002, and ordered the government to transfer him to the custody of the Afghan authorities, [...]

When the Obama administration’s Detention Policy Task Force, established by Executive Order on the President’s second day in office, conceded last week that it would miss its six-month deadline to issue its recommendations about how to close Guantánamo, many observers focused on whether this meant that Obama would fail to meet his deadline of Jan [...]