AL-NASHIRI v. MacDONALD

No. 12-35475.

741 F.3d 1002 (2013)

Abd Al Rahim Hussein AL-NASHIRI, Plaintiff-Appellant, v. Bruce MacDONALD; Paul Oostburg Sanz, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2013.


Attorney(s) appearing for the Case

Michel Paradis (argued), Office of the Chief Defense Counsel, Washington, D.C.; Richard Kammen , Gilroy, Kammen, Maryan & Moudy, Indianapolis, IN; Robert Gombiner , Law Offices of Robert Gombiner, Seattle, WA, for Plaintiff-Appellant.

Sydney Foster (argued) and Robert M. Loeb , Attorneys, Appellate Staff, and Stuart F. Delery , Principal Deputy Assistant Attorney General, United States Department of Justice, Civil Division, Washington, D.C.; Jenny A. Durkan , United States Attorney, Seattle, WA, for Defendant-Appellee.

James J. Brosnahan , Somnath Raj Chatterjee , and Megan C. Kiefer , Morrison & Foerster LLP, San Francisco, CA, for Amici Curiae Retired Military Admirals, Generals, and Colonels.

David H. Remes , Appeal for Justice, Silver Spring, MD; John T. Parry , Portland, OR; William J. Aceves , San Diego, CA, for Amicus Curiae Physicians for Human Rights.

Before: ARTHUR L. ALARCÓN, M. MARGARET McKEOWN, and SANDRA S. IKUTA, Circuit Judges.


OPINION

McKEOWN, Circuit Judge:

Abd Al Rahim Hussein Al-Nashiri is a noncitizen "enemy combatant" undergoing proceedings before a military commission at the United States Naval Base in Guantanamo Bay, Cuba. The charges against Al-Nashiri arose from his alleged role in three terrorist plots: the 2000 attempted bombing of the U.S.S. The Sullivans; the 2000 bombing of the U.S.S. Cole, which killed seventeen U.S. military personnel; and the 2002...

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