Episode #97: Bahlul, Bahlul, Bahlul, Part Deux
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 24 October 2014
⏱️ 53 minutes
🧾️ Download transcript
Summary
On Wednesday, a panel of the D.C. Circuit heard oral argument in Al Bahlul v. United States, a long running---and potentially quite consequential---appeal concerning Congress's power to subject domestic law crimes to trial before Guantanamo military commissions. Shortly after argument, Lawfare's Wells Bennett and Steve Vladeck joined Kevin Jon Heller for some post-argument analysis.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the LawFair podcast, |
| 0:08.0 | become a material supporter of LawFair at patreon.com slash law fair. |
| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | If the U.S. goes down this road and starts prosecuting alien nationals for laws, |
| 0:51.0 | for you to law of war violations, and no other state ceases a violation of the law of the work, |
| 0:55.0 | there is nothing to keep them from doing it themselves. |
| 0:59.0 | I think it will happen and the U.S. rightly points out that its soldiers are at much more legal jeopardy than the soldiers of any other country in the world. |
| 1:07.0 | That's a very significant issue for military control. |
| 1:13.0 | Even if it doesn't have that much effect on the actual existing current government law and military commission. |
| 1:17.0 | That was international law professor Kevin John Heller, you just heard. |
| 1:21.0 | Remarking on the long running DC circuit case of Bollow versus United States, Heller joined LawFair's Steve Latick and me for the case's oral argument on Wednesday. |
| 1:31.0 | Afterwards, we sat down at LawFair headquarters for a wide-rating discussion about the contentions made by the advocates, |
| 1:37.0 | about the true importance of Supreme Court's Kirin ruling, and about, of course, the future of wanton among the attack committees. |
| 1:45.0 | You'll hear all of that in war on the LawFair podcast episode 97, Bollow, Bollow Part 2. |
| 2:15.0 | There was an oral argument in the DC circuit today. It involved a detainee in Guantanamo. Steve, what's his case about? How did we get here? |
| 2:27.0 | It's a long and twisted road that led us to the DC circuit courtroom on this Wednesday morning. |
| 2:33.0 | But the base had fastened this case. This is a case about a guy named Ali Albalool, who is one of now, I think, its what, six or seven folks who have been convicted by a Guantanamo military commission. |
| 2:43.0 | And this is now the third time Albalool's case has been heard by the DC circuit. And the basic question in Albalool's case is the power of Congress to allow a military commission in non-article three federal court to try offenses that are not recognized as international war crimes. |
| 2:59.0 | Now, how would this became the basic question as a bit involved? And so let me take a minute to just sort of explain how we got here. Albalool was convicted by a commission on three counts. |
... |
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