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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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Press Movants Reply in support of Objection to Closure of Testimony taken from the Accused 02/21/2017 AE372 (PRESS)(Al-Nashiri)
Government's Forty-Fourth Notice In Compliance With AE 045H 02/21/2017 AE045VVV
Defense Motion to Compel the Prosecution To Comply with the Requirements Set Forth in AE 120OO 02/21/2017 AE120MMMMMM
Government Response To Defense Motion to Compel Production of Evidence Disclosed in AE353E (Government Notice of Compliance with AE353C Interim Order to Defense Motion to Dismiss for Violations of Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972) Regarding Mohsen Al-Fadhli) 02/17/2017 AE353G
Defense Motion for Leave to File a Supplement to AE367: Defense Motion to Compel JTF-GTMO to Allow Defense Counsel and Defense Expert, Dr. Sondra Crosby, Timely Access to Mr. Al-Nashiri's Current Medical Records and Current Medical Team 02/16/2017 AE367C
Government's Forty-Third Notice In Compliance With AE045H 02/16/2017 AE045UUU
Defense Motion to Compel the Prosecution to Produce Dr. Sondra Crosby As a Witness for the Hearing on AE359 02/16/2017 AE359J
Defense Objection to Government Request to Conduct Examination of SMO Entirely in Closed Session, or Alternatively, for the Accused to be Present During the Examination of the SMO 02/15/2017 AE359I
Government's Forty-Second Notice In Compliance With AE 045H 02/14/2017 AE045TTT
Military Judge Ruling on Government Motion for Leave to File Out of Time: Government Response to AE 372 02/14/2017 AE372B

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