Military Commissions

Document: Pretrial Hearings to Resume in Al-Nashiri Case, CMCR Rules

By Quinta Jurecic
Friday, October 12, 2018, 5:31 PM

The Court of Military Commission Review (CMCR) has ruled on former Military Judge Col. Vance Spath's decision to hold proceedings in the al-Nashiri military commissions case in abatement, reversing the judge's ruling and ordering pretrial hearings in al-Nashiri to begin again. The CMCR also ruled on a host of related issues raised in the government's interlocutory appeal of Spath's order, holding that al-Nashiri's defense counsel had no good cause to withdraw, that counsel were required to obey Spath's order to continue representing al-Nashiri and that there is no absolute right to learned counsel in a capital military commissions case, among other things. The ruling is available here and in full below.