Al Nashiri

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Case Coverage: Al Nashiri Case

Al-Nashiri II: Comity, Legitimacy, and the Military Commissions

Unless you're someone who keeps a copy of Hart & Wechsler on your desk, you probably don't care that much about Tuesday's divided ruling by the D.C. Circuit in In re Al-Nashiri (which, for ease of reference, we should call "Al-Nashiri II," to distinguish it from the D.C. Circuit's February ruling on different matters in "Al-Nashiri I").

Military Commissions

Nashiri Update

The Nashiri saga has picked up steadily in recent weeks. We now know that in response to last June’s DC Circuit opinion alerting the Administration to constitutional Appointments Clause concerns regarding the military judges serving on the Court of Military Commissions Review, President Obama nominated two military judges—Air Force Colonel Martin T. Mitchell and Navy Captain Donald C. King—on March 14, 2016. The Senate confirmed both on April 28.

Military Commissions

Advice From the DC Circuit—Nashiri and Khadr

This past week saw major developments in the Guantánamo military commissions. As Ben reported, on Friday, the DC Circuit published an opinion denying mandamus relief to Omar Khadr. Those paying attention to the military commissions will note the similarity between this opinion and last year’s DC Circuit decision in another detainee petition, that of Al-Nashiri.

Terrorism Trials: Military Commissions

Abstention in Nashiri: The Government Responds

With the ruling in Al Bahlul IV still outstanding, the D.C. Circuit is set to hear argument next month on the military commission trial – yet to take place – of Abd al-Rahim al-Nashiri, the Guantánamo detainee charged with planning the 2000 bombing of the USS Cole in Yemen, among other offenses. Nashiri’s challenge raises corollary questions to Al Bahlul about the scope of military commission jurisdiction.


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