Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, and Deviant Dicta in the D.C. Circuit

摘要

In conclusion, President Obama's post hoc military commissions are not "regularly constituted" or "previously established in accordance with pre-existing laws" and are, therefore, without jurisdiction under relevant international laws. They are also not constituted within a theater of war or war-related occupied territory and are, therefore, without lawful jurisdiction. Additionally, they unavoidably violate several multilateral and bilateral treaties that require equal protection of the law and, more generally, equality of treatment and are, therefore, without lawful power or authority under supreme laws of the United States.