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The Lawfare Podcast

Lawfare Archive: Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb

The Lawfare Podcast

The Lawfare Institute

International Law, Government, Military, Rule Of Law, International Relations, History, News, Terrorism, Politics, Law, Intelligence, National Security, Foreign Policy, Constitutional Law, Diplomacy, Current Events

4.76.4K Ratings

🗓️ 2 September 2023

⏱️ 54 minutes

🧾️ Download transcript

Summary

From September 3, 2016: 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 to talk about the D.C. Circuit Court of Appeals' recent ruling in the Al-Nashiri case. So did 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 discuss the ins and outs of the court's ruling from both a legal and a policy perspective.

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Transcript

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1:01.1

I'm Gia Cokatakis, intern at LawFair, with an episode from the LawFair archive for September

1:15.0

2nd, 2023. This week, LawFair editors discussed the recent ruling by a military commission's

1:22.1

judge, finding the clean team interviews of Abdul Rahim al-Nashiri inadmissible because

1:28.3

they're still tainted by torture. For today's archive episode, I picked an episode from

1:33.1

September 3rd, 2016, in which Benjamin Wittis sat down with Michelle Paradis and Bob

1:38.6

Loeb to discuss the DC Circuit Court of Appeals August 30th, 2016 ruling in al-Nashiri's case,

1:45.8

denying his petition to dissolve the military commission can mean to try him and affirming

1:50.2

the ruling of the district court, which denied al-Nashiri's motion for a preliminary injunction

1:55.1

of his trial. In doing so, the DC Circuit abstained from ruling on al-Nashiri's claim that

2:00.7

the military commission lacks jurisdiction to try him because his alleged war crimes were

2:05.1

committed prior to 9-11 and thus took place before the beginning of active hostilities.

2:12.1

I'm Quinta Juresic and this is the LawFair podcast September 3rd, 2016. That was Michelle

2:26.9

Paradis, a senior attorney in the Department of Defense's Office of the Chief Defense

2:31.0

Council and counsel for Abadal Rahim al-Nashiri. Michelle came on the podcast with Bob Loeb,

...

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