James A. Schoettler Jr. was on the brief for amici curiae Former Government Officials, Former Military Lawyers, and Scholars of National Security Law in support of respondent.
Joint Dissenting opinion filed by Circuit Judges Rogers, Tatel, and Pillard.
Per Curiam:
Bahlul is a member of al Qaeda who assisted Osama bin Laden in planning the September 11, 2001, attacks on the United States. Bahlul was convicted by a U.S. military commission of the offense of conspiracy to commit war crimes, among other offenses. The U.S. Court of Military Commission Review affirmed Bahlul's conviction.
In a prior...
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