AL BAHLUL v. U.S.

No. 11-1324.

767 F.3d 1 (2014)

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

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 2014.


Attorney(s) appearing for the Case

Michel Paradis, Counsel, Office of the Chief Defense Counsel, argued the cause for the petitioner. Mary R. McCormick and Todd E. Pierce, Counsel, were on brief.

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

Agnieszka Fryszman was on brief for amicus curiae National Institute of Military Justice in support of the petitioner.

McKenzie A. Livingston was on brief for amici curiae Robert D. Steele and other Former Members of the Intelligence Community in support of the petitioner.

John S. Summers and Michael J. Newman were on brief for amici curiae Professors David Glazier and Gary Solis in support of the petitioner.

Sarah H. Paoletti was on brief for amici curiae Historians, Political Scientists and Constitutional Law Scholars in support of the petitioner.

Jeffrey T. Renz was on brief for amici curiae First Amendment Scholars and Historians and the Montana Pardon Project in support of the petitioner.

Elizabeth B. Wydra was on brief for amicus curiae Constitutional Accountability Center in support of the petitioner.

Ian H. Gershengorn, Attorney, U.S. Department of Justice, argued the cause for the respondent. Steven M. Dunne, Chief Attorney, and John F. De Pue, Attorney, were on brief. Jeffrey M. Smith, Trial Attorney, U.S. Department of Justice, and Francis A. Gilligan and Edward S. White, Attorneys, Office of Military Commissions, entered appearances.

James A. Schoettler Jr. was on brief for amici curiae Former Government Officials, Former Military Lawyers and Scholars of National Security Law in support of respondent.

Cory L. Andrews and Richard A. Samp were on brief for amici curiae Washington Legal Foundation et al. in support of the respondent.

On Petition for Rehearing En Banc


KAREN LeCRAFT HENDERSON, Circuit Judge:

Ali Hamza Ahmad Suliman al Bahlul (Bahlul) served as a personal assistant to Osama bin Laden, produced propaganda videos for al Qaeda and assisted with preparations for the attacks of September 11, 2001 that killed thousands of Americans. Three months after 9/11, Bahlul was captured in Pakistan and transferred to the United States Naval Base at Guantanamo Bay, Cuba. Military prosecutors charged him with three crimes: conspiracy...

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