Latest in Military Commissions
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 judge in the 9/11 military commission has denied a defense motion to dismiss which alleged that former Defense Secretary James Mattis and the defense department general counsel unlawfully influenced proceedings by firing the military commissions convening authority and his legal adviser.
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 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.
Under the Trump administration, the Periodic Review Board has become a one-way ratchet, only ratifying continued detention and never recommending release.
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.
Hearings in the military commission for accused al-Qaeda commander Abd al-Hadi al-Iraqi once again ground to a halt as a medical condition prevented him from participating.
The military commissions welcome a new judge to preside over the 9/11 case—and hear testimony from an investigator into why its former convening authority was fired.
Lawfare’s roundup of the July 23 and 25 sessions of military commissions hearings in the 9/11 case.