The Court of Military Commission Review today issued two orders indicating that certain judges had recused themselves in two pending appeals, Hamdan and al Bahlul. Acting CMCR Chief Judge O’Toole wrote a lengthy and scholarly memorandum in each case explaining why he recused himself. We’ve posted the orders and accompanying memoranda here and here. We previously discussed the appellants’ disqualification motions here, here, here, and here. CMCR will now consider both Hamdan and al Bahlul en banc.
While, for a variety of reasons, I normally don’t blog about military commission matters, I note today’s orders and memoranda due to their overlap with the military justice system’s appellate system.