The Chief Prosecutor for the Military Commissions sat down for an interview with the folks at Lawfare to discuss his decision to drop conspiracy charges in the Khalid Sheik Mohammad et al (9-11 conspirators) trial in the wake of the DC Circuit’s decision in Hamdan IIHere is a link to the Lawfare post with the embedded audio.

Here is our coverage of the Hamdan II decision finding material support of terrorism charges to be imperissible charges under the MCA because they weren’t then recognized as violations of the law of war under 10 USC 821. We discussed the split with DOJ as they pursue appeals of conspiracy charges in other cases this morning, here.

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