Defense lawyers for Ali Hamza al
Bahlul’s case has created one of the most complex appellate matters arising from the tribunals system. It went up and down several times between a three-judge panel and the en banc Court of Appeals for the District of Columbia and it led to an internal split in the Obama adminsitration. In Power Wars, see Chapter 10 (“Wounds that Won’t Heal: Captives 2011-2015”), Section 8 (“War Crimes, Real and Imagined”).
It comes fast on the heels of a cert petition in the Nashiri case. So lots of interesting military commissions action at the Supreme Court is coming, potentially. If they take them.
Here’s my article about the most recent Bahlul ruling at the D.C. Circuit level, from last fall. And here is the cert petition, which should be docketed tomorrow: