The U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument this morning on a petition for a writ of mandamus in the long-running military commission of al Nashiri, who is accused of orchestrating the 2000 bombing of USS Cole.

The argument docket page (with a link to listen live) is here.

The basis for the petition is a challenge to former military commissions judge Colonel Spath (now retired) based on the fact that while serving as a commissions judge in al Nashiri’s case prior to his retirement, he sought employment as a federal immigration judge. The writ petition is available here. The Government’s response in opposition is available here. A reply brief is available here.

One Response to “TWIMJ Addendum: al Nashiri at the DC Circuit”

  1. Charlie Gittins says:

    I am not particularly a fan or a belief of competence or reliability of the Rules Counsel regime, but given that Partington was disciplined on documents filed in court that were largely technically true, the pleadings filed by judge advocates for the Government and filings and specious decisions by judge advocates on the Commissions of Courts of Review, as well as the sad story of Spath’s secret application to the DoJ while as a sitting judge in a DoJ process surely gives rise to an array of Rules Counsel issues to consider for at least a year.  And once again, the military Rules Counsel regime fails.