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.
Latest in United States v. Al Nashiri
The military commissions’ appellate body has affirmed the military judge’s rulings in United States v. Al-Nashiri and ordered that pre-trial proceedings resume for the first time since February.
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.
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.
Oral argument in the case of Guantánamo detainee, Abd al-Rahim al-Nashiri, indicate that the critical issue of Councilman abstention may come down to a swing vote.
In Al Nashiri v. Obama, a panel of the D.C. Circuit appeared to be leaning toward allowing the federal courts to address when hostilities began with al Qaeda.
On Thursday, Abd al-Rahim al-Nashiri's latest brief was released, renewing the question as to whether military commission jurisdiction under the Military Commissions Act (MCA) extends to Nashiri’s pre-9/11 alleged crimes.
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.