Latest in Case Coverage: Al Nashiri Case

Military Commissions

Document: Brig. Gen. John Baker Habeas Petition

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:

Military Commissions

Why the Collapse of Al-Nashiri’s Defense Team Matters

Last week, the chief defense counsel for the Military Commission Defense Organization, Brig. Gen. John Baker, excused the civilian members of the trial defense team in the military commission of United States v. Al-Nashiri. This specific Guantanamo case relates to the bombing of the USS Cole in 2000. Among the attorneys who were excused was Abd al-Rahim al-Nashiri’s capital learned-counsel, Richard Kammen.

Case Coverage: Military Commissions

This Week at the Military Commissions, 3/16 Session: Transporting Evidence from Yemen to Virginia

It’s bright and early on a Thursday morning, and the military commission has reconvened for further pre-trial hearings in the Al-Nashiri case. After some preliminary matters, the commission turns to the matter at hand: the admissibility of evidence collected from the USS Cole.

Case Coverage: Military Commissions

Statement from Military Commissions Chief Prosecutor Mark Martins for March 17

On Friday, March 17th, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings conducted in the USS Cole case over the past two weeks and the upcoming hearings in the 9/11 case. His statement is also available here.

Guantanamo: Litigation: D.C. Circuit

Nashiri Files Cert Petition in Habeas Case

Counsel for Abd al-Rahim al-Nashiri in the Guantanamo detainee's habeas case have filed a petition for a writ of certiorari with the Supreme Court appealing the decision made by the U.S. Court of Appeals last August, which denied Nashiri's petition for a writ of mandamus to dissolve the military commission convened to try him. The declassified petition and and appendix contain new information on Nashiri's treatment while in CIA custody and are both available below.

Case Coverage: Military Commissions

This Week at the Military Commissions, 3/15 Session: In Case You Have to Testify to it 14 Years Later

It’s 8:59 am on Wednesday morning and the military commission convened to try Abd al Rahim al Nashiri, accused of plotting al Qaeda’s attack on the USS Cole in 2000, is set for business. Today, FBI agents will identify evidence—mostly fiberglass and wires collected aboard the Cole in the days following the attack.

Case Coverage: Military Commissions

This Week at the Military Commissions, 3/14 Session: More Testimony on the Cole Bombing

It’s Tuesday morning, and we’re back at Guantanamo for more pre-trial hearings in the al-Nashiri case. The defendant, the alleged mastermind behind the October 2000 bombing of the USS Cole, is not present at the Commission today. We are informed by the defense that he waived his right to be present earlier. With no translations, the day moves quickly.

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