Military Commission Jurisdictional Issues

Jan 23, 2009

American University American University | Washington College of Law National Institute of Military Justice

A panel discussion was held on jurisdictional issues of military commissions. Topics included why military commissions exist, who can be tried under the military commission process, the effects of Obama Administration policy changes, and the power of Congress to define military commissions' subject matter. Panelists responded to questions from .. Read More
A panel discussion was held on jurisdictional issues of military commissions. Topics included why military commissions exist, who can be tried under the military commission process, the effects of Obama Administration policy changes, and the power of Congress to define military commissions' subject matter. Panelists responded to questions from audience members at the end of the discussion. Steve Vladeck moderated. "Jurisdictional Issues" was the second panel of a day-long conference examining the jurisprudence of the military commissions under the Military Commissions Act of 2006.

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TRANSCRIPT

TIME SPEAKER TEXT
00:40:20 none JACK MAY WANT TO SLAP ME FOR BEING THEORETICAL BUT HE PROMISED HE WOULD MAKE SO MUCH SENSE, IT WOULD...
00:40:29 Unidentified Speaker THANK YOU. WE'LL NEXT HEAR FROM LIEUTENANT COLONEL MICHAEL SAVAGE. COLONEL SAVAGE.
00:40:37 Unidentified Speaker THANK YOU VERY MUCH. I'M GOING TO TRY AND USE A POWER POINT. WHILE GETTING SET UP, IT MAKES ME NERVOUS...
00:41:33 Unidentified Speaker I HO HE REMAINS INTIMIDATED.
00:41:36 Unidentified Speaker I HOPE SO BUT HE DIDN'T TAKE THE ADVANCED DETAINEE DEFENSE CLASS. WE MIGHT BE OUT OF OUR LEAGUE HERE....
00:55:17 Unidentified Speaker THANK YOU COLONEL SAVAGE. LAST BUT NOT LEAST, WE'LL HEAR FROM THE COMMANDER.
00:55:30 Unidentified Speaker I'M KIND OF A LAST-MINUTE ADD ON HERE BECAUSE I KNEW PROFESSOR MORRIS AND SHE RECOGNIZED ME THIS MORNING...
01:03:06 Unidentified Speaker OKAY. THANK YOU, EVERYBODY FOR SOME VERY HELPFUL AND THOUGHTFUL COMMENTS. I'M GOING TO INVOKE THE...
01:03:53 Unidentified Speaker I'M DELIGHTED THAT -- LIEUTENANT COMMANDER?
01:03:55 Unidentified Speaker YES, SIR.
01:03:57 Unidentified Speaker I MENTIONED THE ATTORNEY GENERAL OPINION BY -- THAT ESTABLISHED THE COMMISSION OR WHO AUTHORIZED THE...
01:06:45 Unidentified Speaker I AGREE WITH THAT. NO DISAGREEMENT THERE.
01:06:48 Unidentified Speaker SO TO PUT IT SPECIFICALLY, THE POINT WOULD BE SIMPLY WHETHER THE 28 SPECIFIC OFFENSES DELINEATED IN...
01:07:02 Unidentified Speaker I CAN DISAGREE. I CAN DO THAT A COUPLE OF THINGS THINGS. ONE, ON THE ARTICLE 1 QUESTION AND THE OTHER...
01:09:23 Unidentified Speaker HAVING FAILED TO GET ANYONE TO DISAGREE, LET ME ASK ONE MORE FOLLOW-UP QUESTION -- COMMANDER?
01:09:29 Unidentified Speaker LI CONTRIBUTE TO THAT A LITTLE BIT. TO SOME EXTENT, BECAUSE THE LAW OF NATIONS IS DEVELOPING. IT DOESN'T...
01:10:47 Unidentified Speaker I ENTIRELY AGREE. THAT'S WHY I WAS SAYING, IF WE ARE IN A NEW KIND OF WAR, THAT RE-RAISES THE QUESTION...
01:12:22 Unidentified Speaker BUT THE CUSTOMARIY INTERNATIONAL LAW WHERE YOU HAVE CONTROVERSY -- CONGRESS HAS THE AUTHORITY TO APPROVE...
01:12:42 Unidentified Speaker THAT'S THE QUESTION I WAS TRYING TO GET AT. I DON'T THINK WE HAVE YET REALLY TRIED TO FIGURE OUT WHAT...
01:12:57 Unidentified Speaker SO CUSTOMARIY INTERNATIONAL LAW, SURELY CONGRESS HAS THE AUTHORITY TOW BALANCE WHAT THE INTERESTS...
01:13:16 Unidentified Speaker YES T JUST CAN'T USE THE DEFINE AND PUNISH CLAUSE AS A BASIS FOR POWER WITHOUT ALSO SAYING, WE'RE...
01:13:25 Unidentified Speaker BUT I THINK IT HAS TO BE MORE THAN SAYING IT AND I THINK THAT IS NOW THE POINT. FAMILIAR IT'S A --...
01:16:13 Unidentified Speaker I THINK IT'S WORTH NOTING. PART OF WHY THIS IS ALL NEWEL IS THAT NOTWITHSTANDING THE PRECEDENCE FOR...
01:17:10 Unidentified Speaker ISN'T IT TRUE THAT --
01:17:15 Unidentified Speaker RIGHT. [LAUGHTER]
01:17:29 Unidentified Speaker -- MENTIONED SEVERAL TIMES BY PANELISTS AND ATTORNEY GENERAL SPEED WAS CRITICIZED AT THE TIME BY THE...
01:19:13 Unidentified Speaker THE EXCEPT THAT I DON'T THINK WE HAVE THAT SITUATION HERE AND AS JUDGE ROBERTSON SAID IN THE DECISION,...
01:20:48 Unidentified Speaker I GUESS ONE QUESTION THAT ONE THING THAT COMES TO MIND AND I DON'T THINK WE ENGAGED THAT MUCH IN THIS...
01:21:20 Unidentified Speaker I DON'T THINK SO. AND I THINK IT WAS THE DISTRICT COURT IN COTTER, THAT LOOKED AT WHETHER OR NOT --...
01:21:38 Unidentified Speaker IT WAS JUST SAYING THAT THE NCA DIDN'T PROVIDE FOR AN APPEAL. IT DIDN'T REACH THE HABEAS QUESTION....
01:21:46 Unidentified Speaker PART OF IT WAS THAT IT WAS THE CONDITION. WHAT WAS APPEALED THERE WAS THE AGE ISSUE VERSUS THE JURISDICTION...
01:21:56 Unidentified Speaker CAN I JUMP IN? I THINK SOME OF THESE CRITICISMS -- A LOT OF THESE CRITICISMS CAN BE LAUNCHED AGAINST...
01:22:54 Unidentified Speaker I'D LIKE TO SPEAK TO THIS. THERE IS ONE BIG DIFFERENCE IN THE CONVENING AUTHORITY IN THE MILITARY...
01:24:31 Unidentified Speaker LOOK AT WHAT WAS DONE IN THE HONG KONG --
01:24:33 Unidentified Speaker NEXT QUESTION. I SHOULD HAVE ASKED THIS QUESTION. PLEASE IDENTIFY YOURSELF.
01:24:43 Unidentified Speaker MAJOR DAN HARVEY WITH THE ONC DEFENSE. I WONDERED IF THERE IS ANY REACTION AMONG THE PANELISTS AS ...
01:25:53 Unidentified Speaker AND AGAIN, I SEE THAT KIND OF A POLICY QUESTION. I MEAN, I DON'T THINK THERE WOULD BE JURISDICTIONAL...
01:26:25 Unidentified Speaker I CAN SAY THIS. I THINK THAT THE GOVERNMENT'S PROOF ANALYSIS, THE PROOF WE HAVE TO BRING IT PROVE...
01:27:21 Unidentified Speaker TIME FOR ONE MORE QUESTION.
01:27:25 Unidentified Speaker THIS IS NOT MEANT TO BE A CONTENTIOUS QUESTION BUT IT WILL PROBABLY COME OUT THAT WAY. I APOLOGIZE....
01:28:03 Unidentified Speaker THAT'S WHERE YOU NEED EVIDENCE. BECAUSE YOU HIT MAYBE 2-3 OF THE CRITERIA THAT WOULD ESTABLISH UNLAWFULNESS....
01:28:40 Unidentified Speaker I JUST WANT TO AD TO THE QUESTION OF THE SUBBATIVE DEFINITION OF COMBATTANCY, WHICH YOU PROPERLY RAISED....
01:30:23 Unidentified Speaker BUT IN FAIRNESS, THERE IS SOME DISPUTE OVER WHETHER OR NOT THERE IS A PLEA SUCH AS. SOME PEOPLE WOULD...
01:30:30 Unidentified Speaker I DON'T THINK SO. BUT I DON'T THINK WE HAVE TIME.
01:30:33 Unidentified Speaker I WOULD DISAGREE WITH THAT.
01:30:34 Unidentified Speaker THEN YOU'RE RIGHT. [LAUGHTER]
01:30:39 Unidentified Speaker ON THAT NOTE, I HOPE YOU WILL JOIN ME IN THANKING OUR PANELISTS FOR A LIVELY AND ENTERTAINING DISCUSSION....

NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.

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PEOPLE GRID LIST

  • Gaston, Arthur
  • Jackson, Jon
  • Morris, Madeline
  • Savage, Michael
  • Thurschwell, Adam
  • Vladeck, Stephen I.

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