The stunning decision by the U.S. Court of Appeals for the D.C. Circuit to throw out three-and-a-half years’ worth of pretrial rulings in the al-Nashiri military commission underlines the futility of the commissions as a project.
Latest in Case Coverage: Military Commissions
The Court of Appeals for the D.C. Circuit granted the Guantanamo detainee’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.
The court ruled for the government on all three matters before it.
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened on March 6, after a nearly two-month hiatus.
Last Week at the Military Commissions: Defense Teams Assert Conflict in Session Cut Short by Medical Emergency
The latest from the trial of the 9/11 accused.
On Tuesday, 9/11 plotter Khalid Sheikh Mohammed petitioned the D.C. Circuit for a writ of mandamus, asking that his trial by military commission be halted until the Court of Military Commissions Review appoints a panel to address contested issues in his case. The full document is below.
The military commission in the 9/11 case recently heard five days of pretrial proceedings, on issue ranging from the effects of torture to claims that senior Defense Department officials are unlawfully influencing proceedings.
The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened on Nov. 6.
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.
Ammar al-Baluchi is one of five Guantanamo detainees accused of planning the 9/11 attacks. In March, his counsel filed a motion for a permanent injunction with respect to unlawful trial by a capital military commission. The government cross-moved to hold al-Baluchi's habeas petition in abeyance until the military commission proceedings were completed. On Wednesday, Judge Friedman scheduled oral arguments on the two motions for Nov. 15 at 10:00 a.m. The hearing will be held in open court.
The documents are available in full below: