Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 2 September 2016
⏱️ 53 minutes
🧾️ Download transcript
Summary
Michel Paradis, a senior attorney in the Department of Defense’s Office of the Chief Defense Counsel and counsel for Abd al-Rahim al-Nashiri, came on the podcast with 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. Along with Benjamin Wittes, Michel and Bob discussed the D.C. Circuit Court of Appeals’ recent ruling in the Al-Nashiri case. The court denied Al-Nashiri's petition for a writ of mandamus to dissolve the military commission convened to try him and affirmed the ruling of the district court, which denied Al-Nashiri's motion for a preliminary injunction of his trial. In doing so, the D.C. Circuit abstained from ruling on Al-Nashiri’s claim that the military commission lacks jurisdiction to try him, because his alleged war crimes were committed prior to 9/11 and thus took place before the beginning of active hostilities.
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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
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| 0:25.6 | no bull and the aftermath. |
| 0:32.6 | And I think that to me that's the most frustrating part is that it's a very substantial question |
| 0:38.3 | or is Law there? |
| 0:39.3 | There's a way of analyzing this question. |
| 0:41.2 | Did the War on Terrorism begin? |
| 0:43.8 | People have often criticized it as a war without end, but is it also a war without beginning? |
| 0:49.2 | And that's a question the courts do and will ultimately have to decide. |
| 0:54.4 | And the fact that at every turn including in the military commission that the answer |
| 0:57.9 | has been to punt, I have to say is frustrating as a lawyer, but it's also just frustrating |
| 1:03.6 | as a citizen who cares about the law and thinks a lot about the law. |
| 1:09.5 | Because these are really important questions and I just, I envy other certain countries |
| 1:14.8 | like Israel for example, where their courts actually deal with these questions head on |
| 1:20.2 | and on a bash at the end. |
| 1:21.7 | I'm Quinta Geresick and this is the LawFair podcast September 3rd, 2016. |
| 1:28.3 | That was Michelle Parities, a senior attorney in the Department of Defense's Office of |
| 1:32.2 | the Chief Defense Council and Council for Abedal Rahim al-Nashiri. |
| 1:36.9 | Michelle came on the podcast with Bob Loeb, a partner at Orrick Harrington and Suckliff |
| 1:42.0 | and the former Acting Deputy Director of the Civil Division Appellate Staff at the Department |
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