Jeffrey T. Renz was on the brief for amici curiae First Amendment Scholars and Historians and The Montana Pardon Project in support of petitioner.
Agnieszka M. Fryszman was on the brief for National Institute of Military Justice as amicus curiae in support of petitioner.
McKenzie A. Livingston was on the brief for amici curiae Robert D. Steele and other former members of the Intelligence Community in support of petitioner.
James A. Schoettler Jr. was on the brief for amici curiae Former Government Officials, et al., in support of respondent.
Dissenting opinion by Circuit Judge HENDERSON.
ROGERS, Circuit Judge:
Pursuant to the Military Commissions Act of 2006, 10 U.S.C. §§ 948a et seq. ("2006 MCA"), a law of war military commission convened at Guantanamo Bay, Cuba, found Ali Hamza Ahmad Suliman al Bahlul guilty of material support for terrorism, solicitation of others to commit war crimes, and inchoate conspiracy...
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