The D.C. Circuit, Conspiracy, and the Guantanamo Military Commissions: Third Time’s the Charm?

Eleven years since Congress authorized the third generation of post-9/11 Guantanamo military commissions, the substantive law governing them remains in doubt. The case of Bahlul v. United States, once again, presents an opportunity to clarify whether domestic crimes like stand-alone conspiracy can be tried by military commission.

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