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IN RE AL-NASHIRI

No. 18-1279, No. 18-1315.

921 F.3d 224 (2019)

IN RE: Abd Al-Rahim Hussein Muhammed AL-NASHIRI, Petitioner, In re: Mary E. Spears and Rosa A. Eliades, Petitioners.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 2019.

Attorney(s) appearing for the Case

Michel D. Paradis , Counsel, Office of the Chief Defense Counsel, argued the cause for petitioner. With him on the petition for a writ of mandamus and reply was Brian L. Mizer .

Eugene R. Fidell was on the brief for amicus curiae Ethics Bureau at Yale in support of petitioner's petition for a writ of mandamus and prohibition.

Joseph F. Palmer , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Danielle S. Tarin , Attorney.

Matthew S. Hellman argued the cause for petitioners. With him on the petition for writ of mandamus and reply were Keisha Stanford and Todd C. Toral .

Philip Sundel , Head, Appellate Section, Military Commissions Defense Organization, was on the brief for amicus curiae Chief Defense Counsel for Military Commissions in support of petitioners.

Danielle S. Tarin , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief was Joseph F. Palmer , Attorney.

Before: Rogers, Tatel, and Griffith, Circuit Judges.

Abd Al-Rahim Hussein Muhammed Al-Nashiri is currently detained at Guantanamo Bay, where he faces capital charges before a military commission. These petitions concern the conduct of Colonel Vance Spath, the military judge who presided over Al-Nashiri's case for four years. Shortly into his tenure—and without disclosing...

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