Picking up where the commission left off Tuesday, military judge Col. Vance Spath called the court to order for contempt proceedings. Present as ordered were Marine Corps Brig. Gen.
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The Nashiri defense team filed a motion for a preliminary injuction Wednesday morning to halt the al-Nashiri proceedings pending representation by qualified counsel. You can read the full document here:
On Tuesday morning, military judge Col. Vance Spath called to order the military commission in the case of United States v. Al-Nashiri. The 10/31 session primarily addressed the absence of three civilian defense attorneys, including capital learned counsel, for al-Nashiri. Michel Paradis previously discussed the circumstances and implications of their departure on Lawfare.
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.
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.
When you take an 18-month break, it’s unsurprising that you’ll return home to some cobwebs that will need to be swept away. The second of three days of motion hearings in the Nashiri military commission continues where the first left off: with another round of housecleaning focused on establishing the itinerary for the remaining two days.
And we’re back, after a trifling 18-month delay, a lot of litigation, and a major D.C. Circuit decision: the military commission has reconvened for three days of motions hearings in the case of Abd al-Rahim al-Nashiri, accused of orchestrating the USS Cole bombing. Presiding as military judge is Air Force Colonel Vance Spath, who begins the hearing by asking the prosecution and defense to introduce their respective line-ups before the court. It’s been a while, after all.
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