On Friday, the Court of Military Commission Review (CMCR) reversed the abatement in United States v. Al-Nashiri, and ordered that proceedings resume.
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The U.S. Court of Appeals for the D.C. Circuit has issued a writ of mandamus in the 9/11 case, directing that Judge Scott Silliman of the U.S. Court of Military Commission Review (CMCR) recuse himself from the case and vacating the CMCR's decision reinstating two charges against the 9/11 defendants that had previously been dismissed by the lower court. The opinion is available in full below.
I have been rather critical in the past of the Court of Military Commission Review (CMCR)—the intermediate appellate court Congress created in 2006 to sit between the Guantánamo military commissions and the U.S. Court of Appeals for the D.C. Circuit.
On March 11, the Court of Military Commissions Review (CMCR)—the appellate court sandwiched between the military commissions and review at the D.C. Circuit court of appeals—issued a two-pronged order in the long-simmering appeal of the 2012 military commission conviction of Ibrahim Ahmed Mahmoud al Qosi.
Anyone following the Guantánamo military commissions would do well to read Bob Loeb and Helen Klein's trenchant take on last Friday's D.C. Circuit decision in In re Khadr, in which the Court of Appeals declined to issue a writ of mandamus even while agreeing that there may be a serious question "whether the civilians who serve as judges on the U.S.