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Criminal Law Keyed to Abrams
Al Bahlul v. United States (II)
Citation:840 F.3d 757 (D.C. Cir. 2016)
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Bahlul (Defendant), a personal assistant to bin Laden, was convicted by a U.S. military commission of conspiracy to commit war crimes. The U.S. Court of Military Commission Review affirmed. In 2014, the D.C. Circuit issued an en banc decision that the Ex Post Facto Clause did not preclude the conspiracy charge. Bahlul again challenged his conviction in the D.C. Circuit, arguing that Articles I and III of the Constitution bar Congress from making conspiracy an offense triable by military commission, because conspiracy is not an offense under the international law of war.
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