AL BAHLUL v. U.S.

No. 11-1324.

792 F.3d 1 (2015)

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

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2015.


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 , Counsel, and Major Todd E. Pierce , JA, U.S. Army (Ret.).

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.

Robert Barton and Thomas J. McIntosh were on the brief for amicus curiae Professor David W. Glazier in support of petitioner.

Jonathan Hafetz was on the brief for amici curiae Asian American Legal Defense and Education Fund, et al., in support of petitioner.

John F. De Pue , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Steven M. Dunne , Chief, Appellate Unit, and Joseph Palmer , Attorney. Francis A. Gilligan , Office of Military Commission, Lisa O. Moreno and Jeffrey M. Smith , Attorney, U.S. Department of Justice, entered appearances.

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.


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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