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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  
Unclassified Notice Government Response to Defense Motion to Advise the Accused of Potential Government Intrusions into Attorney-Client Communications 07/30/2017 AE369MM
Defense Notice to Government of Ex Parte Filing: Ex Parte, In Camera, and Under Seal Defense Motion to Continue or Shorten the November Session 07/21/2017 AE356C
Second Updated Defense Notice to the Commission Concerning the Defense's Inability to Promptly Process Discovery and the Resulting Impact on Any Trial Date 07/20/2017 AE045FFFF
UNCLASSIFIED NOTICE Defense Notice of Classified Filing Defense Motion to Compel Production of Witnesses Regarding AE324, AE325, AE326, and AE336 07/19/2017 AE377C
NOTICE OF COMMUNICATIONS Regarding Implementation of AE379B, Ruling on Government Motion to Reconsider AE379 Order to Abate Proceedings Due to Joint Task Force Guantanamo Policy Number 3.15 Requirements for Use of Dedicated Military Aircraft and other Transportation Assets, dated 7 July 2017 07/19/2017 AE379C
Government's Fifty-Second Notice In Compliance With AE 045H 07/17/2017 AE045EEEE
Military Judge Ruling on Government Motion to Reconsider AE 379 Order to Abate Proceedings Due to Joint Task Force Guantanamo Policy #3.15 Requirements for Use of Dedicated Military Aircraft and other Transportation Assets, dated 7 July 2017 07/17/2017 AE379B
UNCLASSIFIED NOTICE - Defense Notice of Classified Filing Defense Motion to Compel Production of Discovery Materials Related to Potential Intrusions into Attorney-Client Communications 07/14/2017 AE369PP
UNCLASSIFIED NOTICE - Defense Notice of Classified Filing Defense Motion for Evidentiary Hearing, or in the Alternative, Abatement of Proceedings 07/14/2017 AE369RR
Defense Motion to Excuse Detailed Defense Counsel, Lieutenant Commander Jennifer Pollio 07/14/2017 AE339H

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