Killing off military commissions has been an obsession of the Lawyer Left for over a dozen years. It may, at long last, be “Mission Accomplished” thanks to last week’s ruling by a deeply divided federal appeals court.
In al-Bahlul v. United States, a three-judge panel of the D.C. Circuit threw out the terrorism conspiracy conviction of Osama bin Laden’s personal aide and propaganda director, an al-Qaeda jihadist who bragged about his Goebbels-like role in the killing of nearly 3,000 Americans on September 11, 2001.
The court, nearly a year ago, had already thrown out Suliman al-Bahlul’s other convictions for providing material support to terrorism and soliciting terrorism against the United States. Sitting en banc on that occasion, the Circuit’s seven judges ruled that al-Bahlul had an American constitutional right against prosecution on ex post facto crimes. These findings, consistent with recent Circuit precedent, were a remarkable measure of the Lawyer Left’s progress in expanding judicial protections for America’s enemies given that (a) the jihadist is a Yemeni whose only connection to our nation and its Constitution is to make war against them, and (b) congressional statutes criminalizing material support and solicitation of violence long predated al-Bahlul’s commission of those offenses.