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30 Sep 2014, 5:23 pm
Circuit for former JAGs, former national security officials, and scholars, Steve passes over the Court’s observation in Ex Parte Quirin that the Framers simply did not regard military tribunals as “courts” triggering the strictures of Article III. [read post]
30 Sep 2014, 9:02 am
And yet, the government devoted only 11 pages of its 70-page brief to the Article III issue, largely cribbing from Judge Kavanaugh’s discussion of the Article III challenge in his solo opinion concurring in part in and dissenting in part from the en banc majority. [read post]
18 Sep 2014, 3:57 am
The government further asserts that “longstanding practice” confirms that Congress may make non-international law offenses triable by military commission, and that this position is consistent with the reasoning of Ex parte Quirin, in which the Supreme Court looked to domestic precedents, and not merely international law, when deciding whether spying can be lawfully tried by military commission. [read post]
18 Aug 2014, 9:59 am
In Ex parte Quirin, the Supreme Court held that Article III does not apply to “offenses committed by enemy belligerents against the law of war,” which is why the war crimes trials after World War II–and the 9/11 trial at Guantánamo–haven’t raised Article III questions. [read post]
13 Aug 2014, 4:34 pm
” Ex parte Quirin, 317 U.S. 1, 28 (1942). [read post]
16 Jul 2014, 1:00 pm
However, their argument goes far beyond the leading precedents on this question, Ex Parte Milligan and Ex Parte Quirin. [read post]
14 Jul 2014, 4:45 pm
See Quirin, 317 U.S. at 21–23. [read post]
14 Jul 2014, 6:15 am
” Indeed, the central legal precedent for the use of military commissions to try unprivileged belligerents is Ex parte Quirin, 317 U.S. 1 (1942) [LINK]. [read post]
2 Jul 2014, 7:20 am
Insofar as certain dicta in Ex Parte Quirin, 317 U.S. 1 (1942) has sometimes been read to suggest otherwise, the OLC Memo points out that the Supreme Court’s actual holding “focused on [the defendants’] conduct behind enemy lines. [read post]
23 Jun 2014, 4:00 am
Given the hostility of the majority inHamdan to the remaining sliver of Presidential authority to convene military commissions not authorized by Congress, recognized by Ex Parte Quirin, 317 U. [read post]
12 May 2014, 7:47 am
Eisentrager, and unpublished draft concurrences in Ex parte Quirin and Endo. [read post]
14 Nov 2013, 7:04 pm
He points to the Geneva Conventions, the International Covenant of Civil and Political Rights (ICCPR), Ex Parte Quirin, and Hamdan v. [read post]
3 Oct 2013, 1:00 pm
Clark was formally in charge of the prosecution; the memo is thus an ex parte submission to the reviewing board with no evident notice or opportunity to comment provided to the defense. [read post]
1 Oct 2013, 12:00 pm
In Ex parte Quirin, the Supreme Court cautioned against an unduly “meticulous” attempt by courts to fix those boundaries, when that attempt entailed second-guessing Congress. [read post]
30 Jul 2013, 12:07 pm
That’s the whole point of Article 21 of the Uniform Code of Military Justice—the provision that the Supreme Court held to authorize the military commission trial of the Nazi saboteurs in Ex parte Quirin, and the one that the Supreme Court held not to authorize Hamdan’s trial by military commission in Hamdan v. [read post]
12 Jun 2013, 7:30 am
Although Ex parte Quirin recognized an exception to Article III for “offenses committed by enemy belligerents against the law of war,” that exception was necessarily limited to offenses against the international laws of war. [read post]
22 May 2013, 6:00 am
Consider the famous case Ex parte Milligan, which involved events during the American Civil War. [read post]
8 Feb 2013, 5:14 am
On the other hand, Ex parte Milligan (1866) broadly proscribed military commissions against civilians from loyal states. [read post]
10 Jan 2013, 6:06 am
Circuit’s decision in Hamdan II, but also with both the plurality and Justice Kennedy’s analysis of Article 21 in Hamdan I, with the unanimous decision in Ex parte Quirin, and with the very OLC memo on which the original post-9/11 military commissions were based. [read post]
4 Jan 2013, 8:00 am
Andrew Kent writes in with the following guest post on his fascinating new article on Ex Parte Quirin. [read post]
