Military Commissions

Discussion Commences on the Motion to Disqualify (AE84)

By Benjamin Wittes, Wells Bennett
Tuesday, July 17, 2012, 9:09 AM

Learned Counsel Richard Kammen starts the disqualification  rodeo with a request to ask additional voir dire questions of the court.  Judge Pohl: the defense already had an opportunity to submit voir dire questions, and to challenge his assignment to the case; he therefore rejects the lawyer's request, even though Kammen notes that his new voir dire questions relate to matters that arose since the case's arraignment.  His request rejected, Kammen asks to put on the record a long series of questions he would have asked - among others, whether the Judge's reading of Ali Soufan's "Black Banners" might change his views as to Al Nashiri's guilt or innocence.  The claim is that the Judge's refusal to answer such questions violates Al-Nashiri's rights under U.S. and international law.