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USS Cole: Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2)
 

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USS Cole: Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (2)
 
Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri (Saudi Arabian)
Al-Nashiri is charged with perfidy, murder in violation of the law of war, attempted murder in violation of the law of war, terrorism, conspiracy, intentionally causing serious bodily injury, attacking civilians, attacking civilian objects, and hazarding a vessel. The charges arise out of an attempted attack on the USS THE SULLIVANS in January 2000, an attack on the USS COLE in October 2000, and an attack on the MV Limburg in October 2002.

In August 2014, Mr. al Nashiri's military trial judge dismissed the charges and specifications stemming from the M/V Limburg bombing. The Government immediately appealed that ruling to the U.S. Court of Military Commission Review (CMCR). Two military judges and one civilian judge were assigned to hear the Government's interlocutory appeal. In September 2014, Mr. al Nashiri moved to recuse the two military judges. He alleged that military judges are assigned to the CMCR in violation of the Appointments Clause, U.S. CONST. art. II, § 2, cl. 2, and cannot be freely removed in violation of the Commander-in-Chief Clause, id. cl. 1. The CMCR denied Mr. al Nashiri's motion in October 2014. Mr. al Nashiri then filed a petition requesting the U.S. Court of Appeals for the D.C. Circuit to issue a writ of mandamus and prohibition disqualifying the military judges on his CMCR panel. On June 23, 2015, the D.C. Circuit issued its opinion, denying Mr. al Nashiri's petition because he could adequately raise his constitutional challenges on appeal from final judgment.

A charge is merely an accusation; an accused is presumed innocent until and unless proven guilty.
 
The Office of Military Commissions is committed to the goal of transparency. Please be advised that some posted materials may be redacted in part or in whole through a review conducted by the DoD Security Classification/Declassification Review Team and any relevant non-DoD federal departments or agencies to prevent the release of classified and/or protected information in accordance with Chapters 17 and 19, Regulation for Trial by Military Commission.

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Defense Reply to Government Response to Defense Motion to Compel Production of Discovery Related to Ahmed Mohammed Ahmed Haza Al Darbi to Ensure Effective Assistance of Defense Counsel at Upcoming Deposition 05/25/2017 AE369BB
Government Reply to AE 369X Defense Response to Government Motion to Close the Deposition and Set a Schedule for Requests for Use or Declassification of Evidence for Use at the Deposition Ordered in AE 369M 05/25/2017 AE369CC
ORDER - Government's Classified Ex Parte, In Camera, Under Seal Second Supplement to the Government Motion (AE 120LL) to Request Substitutions and other Relief from Ordered Discovery of Classified Information so as to Comply with Paragraphs 13.d., f., and g. of AE120AA 05/24/2017 AE120ZZZZZZ
Government Notice in Compliance with AE 377 05/23/2017 AE377A
NOTICE, Defense Motion to Compel Production of Discovery Related to Ahmed Mohammed Ahmed Haza al Darbi to Ensure Effective Assistance of Defense Counsel at Upcoming Deposition 05/19/2017 AE369AA
Military Judge Order on Government's Classified Ex Parte, In Camera, and Under Seal Third Supplement to the Government Motion (AE 120AAA) to Request Substitutions and other Relief from Ordered Discovery of Classified Information so as to Comply with Paragraph 13.h. of AE 120AA 05/18/2017 AE120YYYYYY
Defense Response to Government Motion to Close the Deposition and Set a Schedule for Requests for Use or Declassification of Evidence for Use at the Deposition Ordered in AE 369M 05/18/2017 AE369X
Government Response to Defense Motion to Compel Production of Discovery Related to Ahmed Mohammed Ahmed Haza al Darbi to Ensure Effective Assistance of Defense Counsel at Upcoming Deposition 05/18/2017 AE369Z
Defense Motion for Leave to File a Response to AE369S, Government Motion to Close the Deposition and Set a Schedule for Requests for Use or Declassification of Evidence for Use at the Deposition Ordered in AE369M, Out of Time 05/17/2017 AE369U
Government Motion for Leave to File Out of Time a Response to AE369R (Defense Motion to Compel Production of Discovery Related to Ahmed Mohammed Ahmed Haza al Darbi to Ensure Effective Assistance of Defense Counsel at Upcoming Deposition) 05/17/2017 AE369V

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