News (NOT for the exam)

It’s Time to Admit That the Military Commissions Have Failed

A stunning conflict of interest ruling about one of the military commission judges – and more than one judge has the same problem.

“the U.S. Court of Appeals for the D.C. Circuit’s stunning, unanimous decision in In re Al-Nashiri III to throw out three-and-a-half years’ worth of pretrial rulings by a Guantanamo military commission in the case of the alleged USS Cole mastermind—all because Air Force Colonel Vance Spath, the judge presiding over those proceedings, was actively pursuing employment from the Justice Department as an immigration judge”

The opinion – In re Al-Nashiri, No. 18-1279, 2019 WL 1601994 (D.C. Cir. Apr. 16, 2019) while this is NOT exam material, if you have any interest in the military commissions, you should read this opinion. It is short and well written.