IN RE AL-NASHIRI

Attorney(s) appearing for the Case

Michel D. Paradis , Counsel, Office of the Chief Defense Counsel, argued the cause for petitioner-appellant. With him on the briefs was Richard Kammen , Indianapolis, IN. Nancy Hollander entered an appearance.

Somnath Raj Chatterjee , San Francisco, CA, was on the brief for amici curiae Retired Military Admirals and Generals in support of appellant.

Robert Barton was on the brief for amicus curiae Professor David W. Glazier, Loyola Law School of Los Angeles, in support of petitioner-appellant.

David H. Remes and John T. Parry were on the brief for amicus curiae Physicians for Human Rights in support of petitioner.

Eric S. Montalvo , Alexandria, VA, was on the brief for amicus curiae National Institute of Military Justice in support of petitioner.

Joseph F. Palmer , Attorney, U.S. Department of Justice, argued the cause for respondent-appellee. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Matthew M. Collette , Washington, DC, Sonia K. McNeil , Michael Shih , and John F. De Pue , Attorneys, and Steven M. Dunne , Chief, Appellate Unit.

Dissenting opinion filed by Circuit Judge Tatel.