United States v. Al Nashiri

Latest in United States v. Al Nashiri

Documents

Document: D.C. Circuit Vacates Orders of Nashiri Judge

The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday issued its opinion in In Re: Abd al-Rahim Muhammed al-Nashiri. The court held that Col. Vance Spath, the judge in the al-Nashiri case, should have been disqualified from his position while seeking a job as an immigration judge with the U.S. Department of Justice. The court vacated every order Spath has issued since Nov.

Military Commissions

Last Week at the Military Commissions: More Debate on Defense Team Resignations and Evidence Pre-Admission in al-Nashiri

Last week, the military commission in United States v. al-Nashiri continued to discuss the absence of defense team members and pre-admitted more evidence.  

Case Coverage: Al Nashiri Case

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

The D.C. Circuit's refusal to reach the merits of Al-Nashiri's pre-trial challenge to the jurisdiction of the Guantánamo military commissions may seem like a hypertechnical application of a hypertechnical doctrine, but it's premised on a far deeper—and more problematic—normative assessment of the commissions' legitimacy.

Military Commissions

The D.C. Circuit's Thoroughly Convincing Decision in al-Nashiri

The D.C. Circuit's ruling rejecting a mandamus petition by Guantánamo military commission defendant Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri, not only sustained the D.C. Circuit's mandamus jurisdiction over the commissions in appropriate future cases, but was also at pains to suggest to Congress and the President that they revisit the means by which military judges are appointed to the intermediate Court of Military Commisison Review in order to moot al-Nashiri's serious constitutional objections under the Appointments Clause. 

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