Bin Laden aide's conviction tossed

U.S. appeals court rules case was legally flawed.

— A federal appeals court on Friday threw out the only remaining conviction against a Guantanamo Bay detainee who had served as Osama bin Laden’s personal assistant, setting new restrictions on the use of military commissions to try terror suspects.

The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against Ali Hamza al-Bah-lul was legally flawed be- cause conspiracy is not a war crime.

The ruling could further hamstring the government’s ability to prosecute terrorist suspects outside of civilian courts by using military tribunals created after the Sept. 11 terrorist attacks.

The Obama administration had argued that Congress acted within its authority in making conspiracy a crime that can be tried by military commission. But al- Bahlul’s lawyers persuaded the judges that military commissions can only try offenses recognized under the international law of war, which does not include conspiracy.

Writing for the court, Judge Judith Rogers said that trial by military commissions “does not extend to the trial of domestic crimes” such as conspiracy.

Judge Karen LeCraft Henderson issued a vigorous 85-page dissent, warning that the court’s decision has “alarming” consequences for the future of bringing terrorists to justice.

“My colleagues’ opinion means that, in future conflicts, the government cannot use military commissions to try enemy combatants for any law-of-war offense the international community has not element-by-element condoned,” Henderson said, noting the rapid rise of the Islamic State group. “Their timing could not be worse.”

Steven Vladeck, an American University law professor, said the ruling means that the military commissions at Guantanamo “can only be used to try international war crimes like the 9/11 attacks, and not any offense Congress authorizes them to prosecute.” The decision should not affect military commission cases pending against those accused of plotting the 9/ 11 attack, who are charged with war crimes recognized under international law, he said.

But human rights advocates said the ruling should encourage the Obama administration to bring all future terrorism cases in federal civilian courts.