As we reported last week, the military defense counsel representing accused terrorist Ramzi bin al Shibh recently filed a petition for a writ of mandamus broadly attacking the constitutionality of military commissions in general and rulings by the military judge and convening authority in their client’s case in particular. In response, the government alleged that the circuit court lacks jurisdiction to hear interlocutory appeals in MCA cases, and defended the actions complained of by the defense.
The government also informed the appellate court that it planned to seek a sixty-day continuance of the competency hearing that had been scheduled to begin this week. The military judge, Army Colonel Stephen Henley, has granted the continuance. A copy of his order appears here: [PDF].