A few days ago, I criticized Judge Pohl’s rejection of al-Nashiri’s claim that there was no armed conflict between the US and al-Qaeda at the time of the acts alleged in his indictment — such as the attack on the USS Cole in 2000 – thereby depriving the military commission of jurisdiction over those acts.  Judge Pohl’s decision relied almost exclusively … Continue reading Does Hamdan II Undermine Al-Nashiri?