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.
Latest in Case Coverage: Al Nashiri Case
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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.
Updates from the Military Commissions, 11/17: Attorney-Client Confidentiality and the Duty to Withdraw
The military commission in United States v. al-Nashiri receives testimony from a witness on the ethics of the defense team’s withdrawal.
A Nov. 21 Office of Military Commissions Convening Authority press release on U.S. Air Force Colonel Judge Vance Spath's contempt finding against Brigadier General John Baker and Al-Nashiri proceedings.
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:
Brig. Gen. John Baker, chief defense counsel of the military commisions, petitioned the federal district court in Washington for a writ of habeas corpus Thursday morning. Col. Vance Spath, the military judge presiding over the al-Nashiri military commission, held Baker in contempt Wednesday morning and sentenced the chief defense counsel to 21 days confinement. Baker asserts that Spath deprived him of due process when the military judge denied Baker the opportunity to be heard.
Here is the petition for writ of habeas corpus and the request for expedited consideration:
Chief defense counsel of the military commissions, John Baker, is held in contempt and sentenced to 21 days in confinement.
The collapse of the al-Nashiri trial defense team is only the latest setback for the dysfunctional military commission system.