Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia has dismissed claims from a military commissions defendant alleging that he has been denied satisfactory medical care at Guantanamo Bay. The defendant, known as Abdul Hadi al Iraqi, had filed a motion to dismiss the case on multiple grounds, including alleged 8th amendment violations.
Latest in Military Commissions
Last month, the military commission for the matter of United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 trial) held a marathon three weeks of nearly back-to-back hearings. After being held up by delays in the publication and release of relevant transcripts, this post summarizes these proceedings and identifies several areas of potential interest, including testimony from two FBI special agents regarding their interviews with the defendants and their prior knowledge of alleged torture by the CIA.
With a new judge presiding, the military commission in United States v. Khalid Sheikh Mohammed, et al. (the 9/11 military commission) reconvened July 22-26. See here for previous coverage on Lawfare.
With a new judge presiding, the military commission in United States v. Khalid Sheikh Mohammad, et al. (the 9/11 military commission) reconvened June 17-21. See here for previous coverage on Lawfare.
Last Week at the Military Commissions: 9/11 Commission Debates Who Gets to Determine When Hostilities Began
The military commission in United States v. Khalid Shaikh Mohammad, et al. (i.e., the 9/11 military commission) reconvened from April 29 to May 2. The parties discussed conflict of interest concerns, the disclosure of classified documents, and how to approach the determination of whether or not there is an armed conflict, among other issues. Before recessing until the next session in mid-June, presiding military judge, Col.
The military commission for Majid Shoukat Khan, who pleaded guilty to charges related to his role as a low-level al-Qaeda operative in 2012, reconvened on April 1, after a hiatus since July 2018.
Last Week at the Military Commissions: Defense Teams Assert Conflict in Session Cut Short by Medical Emergency
On Jan. 28 and 29, the military commission in United States v. Khalid Sheikh Mohammad, et al. (the 9/11 military commission) reconvened for pretrial proceedings, picking up from its November sitting. The session was scheduled to last for a week but was cut short on Tuesday due to a medical emergency on the part of the military judge, Col. Keith Parrella.
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened from Jan. 7-14, after a break in proceedings beginning in November 2018. The bulk of the session focused on Hadi’s medical status and accommodations being made to enable his participation in proceedings, and the commission heard testimony from Hadi’s neurosurgeon, the camp senior medical officer (SMO), and the commander of the Joint Detention Group (JDG).
On Tuesday, 9/11 plotter Khalid Sheikh Mohammed petitioned the D.C. Circuit for a writ of mandamus, asking that his trial by military commission be halted until the Court of Military Commissions Review appoints a panel to address contested issues in his case. The full document is below.
On Friday, the judge United States v. Khalid Shaikh Mohammad et al. (i.e., the 9/11 military commission), Col. Keith Parrella, rejected a defense motion to dismiss the case on the grounds of unlawful influence on the part of former defense secretary James Mattis and former Defense Department Acting General Counsel William Castle.