U.S. v. AL-NASHIRI

CMCR 18-002.

374 F.Supp.3d 1190 (2018)

UNITED STATES of America, Appellant v. Abd Al-Rahim Hussayn Muhammad AL-NASHIRI, Appellee

United States Court of Military Commission Review.

October 11, 2018.


Attorney(s) appearing for the Case

Colonel James L. Pohl , JA, U.S. Army; and Colonel Vance H. Spath , JA, U.S. Air Force, military commission judges.

On the briefs or motions for appellant were Brigadier General Mark S. Martins , U.S. Army; Michael J. O'Sullivan, Esq. ; Haridimos V. Thravalos, Esq. ; and Major Charles B. Dunn , JA, U.S. Air Force.

On the briefs or motions for appellee were Commander Brian L. Mizer , JAGC, U.S. Navy, and Lieutenant Alaric Piette , JAGC, U.S. Navy.

On briefs or motions on behalf of intervenors Mary E. Spears and Rosa A. Eliades were Matthew Hellman, Esq. ; Todd C. Toral, Esq. ; Brandon D. Fox, Esq. ; Keisha N. Stanford, Esq. ; and Elizabeth H. Capel, Esq.

On the brief of amici curiae for Mary E. Spears and Rosa A. Eliades were Mary E. Spears, Esq. , and Rosa A. Eliades, Esq. ; and on the brief of amici curiae for the National Association of Criminal Defense Lawyers, the New York Criminal Bar Association, the New York State Association of Criminal Defense Lawyers, and individual amici Joshua L. Dratel, Esq. ; Michael K. Bachrach, Esq. ; Jean D. Barrett, Esq. ; Tanya Greene, Esq. ; Richard Jasper, Esq. ; Susan K. Marcus, Esq. ; Russell Neufeld, Esq. ; Anthony L. Ricco, Esq. ; and David A. Ruhnke, Esq. were Joshua L. Dratel, Esq. ; Michael K. Bachrach, Esq. ; and Richard D. Willstatter, Esq.

BEFORE THE COURT, Burton, Chief Judge; Silliman, Deputy Chief Judge; and Pollard, Appellate Judge.


PUBLISHED OPINION OF THE COURT

On February 16, 2018, military commission judge (military judge) Vance H. Spath ruled that the trial of Abd Al-Rahim Hussayn Muhammad Al-Nashiri (Al-Nashiri) was indefinitely abated until a superior court orders him to resume. Tr. 12,297-98; Mil. J. Spath Resp. to...

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