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.