Military Commissions
It’s Time to Admit That the Military Commissions Have Failed
Steve Vladeck Tue, Apr 16, 2019, 10:40 PM
I’ve written elsewhere about the U.S. Court of Appeals for the D.C.
Latest in Case Coverage: Al Nashiri Case
Military Commissions
Summary: D.C. Circuit Vacates Military Judge’s Rulings in Al-Nashiri
Sarah Grant Tue, Apr 16, 2019, 5:06 PM
On April 16, the Court of Appeals for the D.C. Circuit granted Guantanamo detainee and alleged USS Cole bomber Abd al-Rahim Hussein Muhammed al-Nashiri’s petition for a writ of mandamus and vacated all orders issued by former military judge Col. Vance Spath during a 28-month period on account of Spath’s failure to disqualify himself due to an apparent conflict of interest.
Military Commissions
Oral Argument Summary: In re: Abd Al-Rahim Hussein Al-Nashiri
Jacques Singer-Emery Fri, Feb 1, 2019, 9:29 AM
On Jan. 22, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in In re: Abd Al-Rahim Hussein Al-Nashiri. Judges Judith Rogers, David Tatel and Thomas Griffith reviewed Abd Al Rahim Hussein Al-Nashiri’s (“Al-Nashiri”) request for a writ of mandamus and prohibition directing the vacatur of the orders convening the military commission which tried him.
Military Commissions
Document: Pretrial Hearings to Resume in Al-Nashiri Case, CMCR Rules
Quinta Jurecic Fri, Oct 12, 2018, 5:31 PM
The Court of Military Commission Review (CMCR) has ruled on former Military Judge Col. Vance Spath's decision to hold proceedings in the al-Nashiri military commissions case in abatement, reversing the judge's ruling and ordering pretrial hearings in al-Nashiri to begin again.
Case Coverage: Al Nashiri Case
Last Week at the Military Commissions, Feb. 12-16: Al-Nashiri Grinds to a Halt
Julia Solomon-Strauss, Stephen Szrom Tue, Feb 20, 2018, 2:00 PM
The military commission in United States v. Al-Nashiri reconvened in open session this past week before being abruptly abated on Feb. 16, as previously reported on Lawfare.
Case Coverage: Al Nashiri Case
Al-Nashiri Abated Until Further Notice
Julia Solomon-Strauss, Sarah Grant Sat, Feb 17, 2018, 10:00 AM
In a remarkable turn in United States v. al-Nashiri, military judge Col. Vance Spath suspended proceedings on Friday, Feb.
Military Commissions
Last Week at the Military Commissions: More Debate on Defense Team Resignations and Evidence Pre-Admission in al-Nashiri
Julia Solomon-Strauss, Stephen Szrom Wed, Jan 31, 2018, 9:00 AM
This past week, the military commission in United States v. al-Nashiri reconvened in open session for the first time since November, with open sessions on Jan. 19 and 22.
Military Commissions
Updates from the Military Commissions, 11/17: Attorney-Client Confidentiality and the Duty to Withdraw
David Houck Tue, Dec 12, 2017, 7:00 AM
On Nov. 17, 2017, the military commission in United States v. al-Nashiri reconvened for the purpose of receiving testimony from Professor Ellen Yaroshefsky, an ethics advisor to defendant’s learned counsel Richard Kammen, who had previously resigned over undisclosed ethics concerns. The defendant, Abd al-Rahim al-Nashiri, was present for the first time in multiple hearings.
Case Coverage: Al Nashiri Case
Document: Convening Authority Upholds Contempt Finding Against Brig. Gen. Baker
Shannon Togawa Mercer Wed, Nov 22, 2017, 8:00 AM
The Office of Military Commissions Convening Authority (CA) upheld U.S. Air Force Colonel Judge Vance Spath's contempt finding against Brigadier General John Baker. However, the CA has exempted him from the imposed fine and the remainder of his confinement. In response to security concerns expressed by defense counsel in the underlying case, United States v.
Guantanamo: Litigation: D.C. Circuit
Document: Col. Vance Spath Memorandum of Opposition
Vanessa Sauter Fri, Nov 3, 2017, 3:42 PM
On Friday, military judge Col. Vance Spath filed a memorandum of opposition to plaintiff Brig. Gen. John G. Baker’s petition for writ of habeas corpus. You can view the full document here: