Case Coverage: Military Commissions

2/4 Nashiri Hearing #7: Some Rulings---and An Inversion

By Benjamin Wittes
Monday, February 4, 2013, 6:55 PM

Judge Pohl is now ready to rule.

As to Dr. Crosby, he says, the limitations placed on her by JTF-GTMO, to the extent they conflict with her best professional judgment, are unreasonable. The Convening Authority appointed her. She has to be able to do her job. The defense motion is granted.

Judge Pohl deems Dr. Iacopino’s testimony relevant and says it will be heard.

He defers the matter of Nashiri’s new colloquies as to past hearings until after the government’s requested 706 board on competency is done.

He grants the 706 motion, and he declares that the proceedings will stop until it’s done. The order, however, will not go out until the commission has heard from Dr. Iacopino later this week.

Mattivi now rises and proposes that perhaps the commission doesn’t need to halt after all. Rule 909, he argues, suggests that the trial can proceed unless it’s shown by a preponderance of the evidence that the accused is not competent. This produces something of a discussion, and Judge Pohl takes a 15 minute break to consider it, but he returns and declares that he’s going to halt the proceedings in any event.

So here’s the state of things: We’ll hear from Dr. Iacopino tomorrow, and then the case goes into hibernation---just as the defense asked for at the beginning of the day over vigorous prosecution objection. Only it does so on the prosecution’s motion, and over the defense’s objection.

Who knew?