Abstract
Okay. I have been asked to address the second question, which is whether conspiracy, terrorism, and hijacking can lawfully be tried by these law of war military commissions. Well, in 2006 and then again in 2009, Congress passed the Military Commissions Act, which defined these offenses as triable by a military commission. Two different presidents from two different parties signed those bills into law. And subsequently the D.C. Circuit sitting en banc upheld the conspiracy conviction by military commission of Ali Hamza Ahmad Suliman al-Bahlul, who had been known as bin Laden's media man. He had produced Al Qaeda recruitment videos and provided some support to the 9/11 hijackers in the run up to the operation.
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