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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 Unclassified Notice Of Ex Parte, In Camera, And Under Seal Classified Filing 12/02/2016 AE120LLLLLL
Government Response To Defense Motion to Strike AE338C, AE365, and AE365A 12/02/2016 AE338E
Notice To The Defense Of The Government's Classified Ex Parte, In Camera, and Under Seal Motion To Request Substitutions And Other Relief From Ordered Discovery Of Classified Information So As To Comply With Paragraphs 13.b., 13.c., 13.e., 13.h., and 13.j. of AE120AA 12/02/2016 AE120JJJJJJ
Notice To The Defense Of The Government's Classified Ex Parte, In Camera, and Under Seal Motion To Request Substitutions And Other Relief From Ordered Discovery Of Classified Information So As To Comply With Paragraphs 13.b., 13.c., 13.e., 13.h., and 13.j. of AE120AA 12/02/2016 AE120KKKKKK
Defense Motion to Renew AE355: Defense Motion to Compel Discovery: Ex Parte Communications With the U.S.C.M.C.R. 12/01/2016 AE355O
Military Judge Ruling on Defense Motion To Strike the Prosecution's Notice of Intent to Seek the Death Penalty on the Basis of R.M.C. 1004(C)(2),(6),(8),(11) for Violation of the Ex Post Facto and/or Due Process Clauses 12/01/2016 AE212B
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 12/01/2016 AE367
Government Motion by Special Trial Counsel To Amend Docketing Order (December 2016 Hearing) 12/01/2016 AE366A (GOV STC)
Government's Thirty-Seventh Notice In Compliance With AE045H 11/30/2016 AE045NNN
Defense Motion to Compel Production of Discoverable Evidence Pertaining to the Special Trial Counsel 11/30/2016 AE365E

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