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Tag Archives: Bruce MacDonald

10/25 Motions Session #1: Discovery Channel

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Friday, October 25, 2013 at 10:00 AM

Sox and Cards gear donned, game faces on, the parties and military judge reconvene.  Lo and behold, four of the five accused are in the courtroom, the sole absentee being Mustafa Al-Hawsawi.  He is so lawfully, having knowingly and voluntarily waived his right to be present, according to prosecution witness CDR George Massucco, Staff Judge . . .
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SecDef Names Interim Convening Authority For Military Commissions

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Thursday, March 21, 2013 at 9:04 PM

So we learn from this announcement, released this afternoon by the Department of Defense: Secretary of Defense Chuck Hagel has designated Honorable Paul L. Oostburg Sanz to serve as the convening authority for military commissions. Mr. Oostburg Sanz is currently the general counsel of the Department of the Navy and will serve as convening authority . . .
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Convening Authority Dismisses Sworn Charges in Three Commission Cases

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Thursday, January 31, 2013 at 12:18 PM

A procedural note from commissions-land: in documents signed on Monday, the Convening Authority, Retired Vice Admiral Bruce MacDonald, dismissed sworn charges—material support and standalone conspiracy—against GTMO detainees Sufyian Barhoumi, Jabran Said Bin Al Qahtani, and Ghassan Abdullah al Sharbi.   Though charges had been sworn against all three in 2009, none were referred for trial.  Acting on the . . .
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What to Make of Judge Pohl’s Ruling? Letter Filings in Al-Nashiri v. MacDonald

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Friday, January 25, 2013 at 3:50 PM

What, if anything, do developments in the military commission case of United States v. al-Nashiri portend for Al-Nashiri v. MacDonald, an ongoing, civil challenge to the accused’s war crimes prosecution?  The question arises in letters filed in the civil case, one by the United States last Friday, and another by al-Nashiri’s lawyers  today. Some quick background: . . .
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Appellant’s Reply Brief Filed in Al-Nashiri v. MacDonald

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Saturday, December 29, 2012 at 11:05 AM

On Thursday, lawyers for Abd Al Rahim Hussein Al-Nashiri filed their reply brief in Al-Nashiri v. MacDonald, a civil case now pending before the United States Court of Appeals for the Ninth Circuit. Al-Nashiri, a defendant before the Guantanamo military commissions, had sued the commissions’ Convening Authority, retired Vice Admiral Bruce MacDonald in federal court. . . .
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Appellee Brief in Al-Nashiri v. MacDonald

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Wednesday, November 21, 2012 at 9:53 AM

Vice Admiral (Retired) Bruce MacDonald, the Convening Authority for the military commissions at Guantanamo Bay, has filed his appellate brief in Al-Nashiri v. MacDonald.  That’s the civilian court lawsuit brought by commission defendant Abd Al Rahim Hussein Al-Nashiri, and now pending before the United States Court of Appeals for the Ninth Circuit.  (The district court . . .
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Wherein We Come to the Appointed Time to Debate the Appointments Clause

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Thursday, July 19, 2012 at 12:23 PM

Again it is Reyes for the defense.  His subject?  The Convening Authority, the Constitution’s Appointments Clause, and the defense’s motion to dismiss on Appointments Clause grounds (AE87).  The Convening Authority exercises extraordinary power, he says—of the kind exercised by a “principal” officer requiring Senate confirmation under the Constitution.  The lawyer thinks this is the central . . .
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Nashiri v. MacDonald Dismissed

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Friday, May 11, 2012 at 7:11 AM

The case of Nashiri v. MacDonald has been dismissed. You may recall that Abd Al-Rahim Hussein Muhammed Al-Nashiri brought a suit against the military commissions Convening Authority, Bruce MacDonald in U.S. District Court in Washington state, claiming that the military commission in which he is being tried is unlawfully constituted since the alleged conduct all predates . . .
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Court Filings in Nashiri v. MacDonald

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Friday, April 13, 2012 at 1:10 PM

I hope you aren’t too sick of reading about Abd Al-Rahim Hussein Muhammad Abdu Al Nashiri, ‘cuz there’s more. No, this isn’t from his military commission case. It’s from his civil case against hizzoner, the Convening Authority, in federal court in Washington state. Nashiri–or, to be precise, his lawyers–filed a complaint back in November against Retired . . .
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Military Commission Charges Sworn against al Nashiri

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Wednesday, April 20, 2011 at 3:32 PM

I do not have a copy of the sworn charges, but the details from the press release today appear below.  For comparison’s sake, you can find the earlier iteration of charges and motion papers relating to Nashiri here.  At first glance, the major difference appears to be that the earlier material support charge has been . . .
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