Lawfare Archive: Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb
The Lawfare Podcast
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Jurisdictional Dispute in Al-Nashiri Case
This chapter delves into the jurisdictional dispute surrounding the military commission trial of Al-Nashiri, who is being charged with war crimes related to pre-9/11 bombings. The appellate court affirms the decision to abstain, highlighting the unique parameters and involvement of Article III courts in the military commission system established by Congress. The chapter also discusses the importance of resolving jurisdictional questions early on to avoid prolonged uncertainty and potential harm to the defendant.
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