...world.” For you law-of-armed-conflict fans, looks like Judge Bates was particularly interested in where the petitioners were initially captured; most claim they were no where near Afghanistan much less an Afghan
battlefield when taken into custody. (Petitioner Redha al-Najar, for example, has witnesses who say he was in his home in Karachi, Pakistan when taken.) While the issue looks like it arose at the 3.5-hour hearing in discussions of Kennedy’s practical-obstacles test (it’s not like the military would have to pull witnesses off the
battlefield to testify since these guys...