BAHLUL v. U.S.

No. 11-1324.

840 F.3d 757 (2016)

Ali Hamza Ahmad Suliman al BAHLUL, Petitioner v. UNITED STATES of America, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 20, 2016.


Attorney(s) appearing for the Case

Michel Paradis , Counsel, Office of the Chief Defense Counsel, argued the cause for petitioner. With him on the briefs were Mary R. McCormick , Kansas City, MO, and Todd E. Pierce , Counsel.

David Weissbrodt and William J. Aceves were on the brief for amici curiae International Law Scholars in support of petitioner.

J. Douglas Richards , New York, NY, was on the brief for amicus curiae National Institute of Military Justice in support of petitioner.

Robert Barton was on the brief for amicus curiae Professor David Glazier in support of petitioner.

Ian Heath Gershengorn , Principal Deputy Solicitor General, U.S. Department of Justice, argued the cause for respondent. On the brief were Steven M. Dunne , Chief, Appellate Unit, and John F. De Pue and Joseph Palmer , Attorneys.

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.

Richard A. Samp was on the brief for amici curiae John D. Altenburg , Maj. Gen., U.S. Army (Ret.), et al. in support of respondent.

Joint Dissenting opinion filed by Circuit Judges Rogers, Tatel, and Pillard.


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.

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