On April 16, the Court of Appeals for the D.C. Circuit granted Guantanamo detainee and alleged USS Cole bomber Abd al-Rahim Hussein Muhammed al-Nashiri’s petition for a writ of mandamus and vacated all orders issued by former military judge Col. Vance Spath during a 28-month period on account of Spath’s failure to disqualify himself due to an apparent conflict of interest.
Latest in Abd Al Rahim Hussayn Muhammad Al Nashiri
Military Commissions Chief Prosecutor Brigadier General Mark Martins released the following statement on Sunday on the occasion of military commissions proceedings this week in the case of Abd al Rahim Husayn Muhammad al Nashiri.
This Week at the Military Commissions, 3/6 Session: Discovery Woes, Unauthorized Browsing, and “Captain X”
After three months away, pretrial hearings in the USS Cole case are set to resume, with military judge Air Force Colonel Vance Spath calling the session to order. The judge notes those who are present, including two new additions to the prosecution, Colonel John Wells and Major Michael Pierson. For the defense, Richard Kammen kicks things off by addressing his wardrobe for the occasion: “As the court knows, my luggage somehow did not get on the plane at Andrews … I apologize I have no tie.
Last week, Ben posted an order by Judge Royce Lamberth of the D.C. District Court granting a request by counsel for Abd al Rahim al-Nashiri to have a copy of the Senate Intelligence Committee's interrogation report held under seal with the court.
The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court. Yesterday, Judge Royce Lamberth issued an order doing just that:
Speaking of Guantanamo habeas litigation, which one of us was yesterday, there's been an interesting development in the Al-Nashiri habeas case. This particular habeas case out of Guantanamo has been a sleepy one, since all the action in the Abd al Rahim Al-Nashiri matter has been in his military commission trial and related federal court litigation.
On Sunday, December 11th, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings to be conducted in the USS Cole case over the course of this week. The statement is also available here.
Hearings continued on Wednesday in the Al-Nashiri case. After some preliminary matters, the commission turns immediately to the matter at hand: the testimony of Stephen D. Gill, on redirect. On Monday the 17th, Gill refused to travel to the Mark Center in Virginia to testify by video-link. In a Gitmo first, military judge Air Force Colonel Vance Spath authorized a writ of attachment to apprehend him and compel him to testify.
Hearings continue today at Guantanamo in the USS Cole case. Military judge Air Force Colonel Vance Spath calls the commission to order and quickly informs the lawyers that he has signed the writ of attachment compelling the testimony of Navy Reserve Lieutenant Commander Stephen Gill, who refused to travel to the Mark Center in Virginia to testify by video-link yesterday.
It’s Friday, we’re wrapping up the first week back in Al Nashiri, and al-Nashiri himself is back in the courtroom. After some characteristically Guantanamo housekeeping—with only one courtroom, Judge Spath has to schedule around the al-Hadi hearings—we get a discovery update from Chief Prosecutor Brigadier General Mark Martins. The government has produced 265,000 pages of discovery.