Block on Trump's Asylum Ban Upheld by Supreme Court
Remember when the D.C. Circuit overturned Osama bin Laden’s driver’s conviction for material support of terrorism last October? It seems that wasn’t the appellate court’s final word on the issue.
Tuesday, the D.C. Circuit agreed to reconsider its take on Military Commissions Act convictions en banc in Ali Hamza Ahmad al Bahlul v. USA, a case involving Osama bin Laden’s personal and media director.
Tuesday's order stems from a January panel ruling that the military tribunal that convicted Ali Hamza Ahmad Al Bahlul of conspiracy in 2007 erred because a Guantanamo prisoner could not be convicted of conspiracy unless his crime took place after 2006, Jurist's Paper Chase reports. The government appealed that decision.
In addition to the issues that the petitioners raised, the appellate court ordered the parties to brief on two more questions:
As noted at Lawfare, the D.C. Circuit rarely grants en banc review, so this order is a big deal. And, since the D.C. Circuit has that whole second-highest-court reputation, you can expect this case to be a contender for Supreme Court review.
Briefing deadlines in the matter start with Bahlul's brief on May 24, and conclude with his reply brief on August 8. Oral arguments will be heard on September 30.