Bahlul, Bahlul, Bahlul, Bahlul
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 28 October 2016
⏱️ 51 minutes
🧾️ Download transcript
Summary
On Thursday, October 20th, the D.C. Circuit Court of Appeals ruled once again on the case of Ali Hamza al-Bahlul, a Guantanamo detainee convicted by a military commission for inchoate conspiracy to commit war crimes. In a divided and inconclusive en banc decision, the D.C. Circuit affirmed Bahlul’s conviction, overturning the court’s decision vacating the conviction last June, in which a three-judge panel held that Bahlul could not be convicted of the domestic law offense of conspiracy as a war crime because Article III of the Constitution only permits military commission trials of offenses against the international laws of war. The Lawfare Podcast has covered the twists and turns of Bahlul’s case in the past, and now we’re back once more with Steve Vladeck of the University of Texas School of Law and Bob Loeb, a partner at Orrick, Herrington and Sutcliffe and the former Acting Deputy Director of the Civil Division Appellate Staff at the Department of Justice.
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Transcript
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| 0:11.2 | at patreon.com slash lawfair. |
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| 0:25.6 | no bull and the aftermath. |
| 0:33.3 | I do think this case highlights how the whole notion of this military commission is, in |
| 0:40.6 | the way it's functioning and having all these issues never decided and you know, and keep |
| 0:45.7 | reoccurring and popping up again and dragging out for years and years just is an antipathy |
| 0:52.3 | of what a military commission is supposed to be. |
| 0:55.2 | Instead you have this hybrid, you know, military commission process here which is not the |
| 1:01.0 | quick and dirty, you know, process but instead is now has all these procedural rights, all |
| 1:07.1 | the layers of review before the military review commission before the DC circuit, no one's |
| 1:12.2 | deciding anything more than they have to, things get dragged out for decades. |
| 1:16.6 | That is just a crazy application of what the traditional concept of a military commission |
| 1:22.8 | has been over the years. |
| 1:25.1 | I think this is a failed enterprise in many ways. |
| 1:28.3 | I'm Quinteturusic and this is the lawfair podcast, October 29th, 2016. |
| 1:34.6 | On Thursday, October 20th, the DC circuit court of appeals ruled once again in the case |
| 1:39.1 | of Ali Hamza Al-Baloo, a Guantanamo DTN convicted by military commission for Incoate conspiracy |
| 1:45.3 | to commit war crimes. |
| 1:47.6 | In a divided and inconclusive on-bonged decision, the DC circuit affirmed Baloole's conviction |
... |
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