Bryce Klehm is a junior at the University of Pennsylvania studying History.
After nearly fifteen years of detention, on January 17, 2017, Abd al-Rahim al-Nahsiri petitioned for a writ of certiorari asking the Supreme Court to hear his case. He was captured by the CIA in 2002 and sent to several black site prisons, including Guantanamo Bay.  He has been awaiting capital trial by a military commission since 2008 for his alleged involvement in planning the bombing of the USS Cole in 2000.
The legal question is whether al-Nashiri should be tried before a military commission or a federal court.  The 2009 Military Commissions Act states that an offense should be tried by a military commission “only if the offense is committed in the context of and associated with hostilities.”  Although this may seem like a clear definition, the MCA defines the term “hostilities” as “any conflict subject to the laws of war.”