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Al Bahlul v. United States (Al Bahlul II)

United States Court of Appeals for the District of Columbia Circuit
792 F.3d 1 (2015)


Ali Hamza Ahmad Suliman al Bahlul (defendant), was a member of al-Qaeda who was being detained at the U.S. Naval Station at Guantanamo Bay, Cuba (Guantanamo). A military commission convicted Bahlul of inchoate conspiracy to commit war crimes. Bahlul appealed the conviction to the United States Court of Appeals for the District of Columbia Circuit, arguing that he should have been tried before an Article III civilian court. An en banc court of appeals upheld Bahlul’s conspiracy conviction, but declined to consider his constitutional objections. A three-judge panel examined Bahlul’s constitutional claims, namely that the use of military commissions for domestic offenses such as inchoate conspiracy violated Articles I and III to the Constitution.

Rule of Law


Holding and Reasoning (Rogers, J.)

Concurrence (Tatel, J.)

Dissent (Hendersen, J.)

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