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.
Latest in Case Coverage: Al Nashiri Case
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.
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.
In a remarkable turn in United States v. al-Nashiri, military judge Col. Vance Spath suspended proceedings on Friday, Feb.
Last Week at the Military Commissions: More Debate on Defense Team Resignations and Evidence Pre-Admission in al-Nashiri
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.
Updates from the Military Commissions, 11/17: Attorney-Client Confidentiality and the Duty to Withdraw
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.
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.
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:
Picking up where the commission left off Tuesday, military judge Col. Vance Spath called the court to order for contempt proceedings. Present as ordered were Marine Corps Brig. Gen.