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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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File Description   File Date   Designation   Arrow button  
Defense Motion to Compel Production of Accused's Medical Records from 1 January through 20 August 2016 08/29/2016 AE358
Government's Forty-Fifth Notice Relating To Its Efforts To Comply With The Commission's 24 June 2014 Discovery Order (AE 120AA) 08/25/2016 AE120RRRRR
Defense Reply to Government Response to Defense Motion to Compel Production of Witnesses in Support of AE 332X 08/25/2016 AE332FF
Government's Forty-Fifth Notice Relating To Its Efforts To Comply With The Commission's 24 June 2014 Discovery Order (AE 120AA) 08/24/2016 AE120RRRRR
Defense Reply to Government Response to Defense Motion to Compel Witnesses in Support of AE 348: Defense Motion to Abate Proceedings Pending Restoration of Commander Brian Mizer to the Defense Team 08/23/2016 AE348E
Defense Motion to Abate Pending Resolution of United States v. Dalmazzi (CAAF 2016) 08/23/2016 AE357
Defense Reply to Government Response to Defense Motion to Reconsider AE 044 in Light of Intervening Authority from the D.C. Circuit 08/23/2016 AE044D
Government Response To Defense Motion To Compel Production of Witnesses In Support Of AE 332X: Defense Renewed Motion To Dismiss For Unlawful Influence 08/18/2016 AE332EE
Government Response To Defense Motion To Compel The Production Of Witnesses In Support of AE348 08/17/2016 AE348D
Government Response To Defense Motion to Reconsider AE044 In Light of Intervening Authority From the D.C. Circuit 08/16/2016 AE044C

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