The government’s reply to the writ petition filed by two Navy JAGs in the bin al Shibh case (discussed here) is now online.
The government argues broadly that, inter alia, the court lacks jurisdiction to entertain interlocutory matters in MCA cases. Not surprisingly, the government also disputes some of the factual assertions made by the defense. The competency issue at first glance appears to be one of those disputed; but on closer examination, the government does not appear to challenge the defense’s assertion that bin al Shibh may not be competent to “conduct or cooperate intelligently in his own defense.” The government has agreed to continue bin al Shibh’s competency hearing for sixty days.
The government brief can be found here: [PDF].