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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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Government Reply To Defense Response To AE 092AA, Government Response To Defense Motion To Abate Proceedings And For Appropriate Relief Due To Destruction Of Evidence Referenced In AE 092 01/17/2017 AE092GG
Government's Fortieth Notice In Compliance With AE 045H 01/17/2017 AE045QQQ
RULING - Defense Motion To Renew AE355: Defense Motion to Compel Discovery: Ex Parte Communications With the U.S.C.M.C.R. 01/13/2017 AE355Q
Defense Motion for an Order Implementing Procedures to Ensure Prompt and Complete Disclosure of Mr. Al-Nashiri's Medical and Psychological Records 01/13/2017 AE371
ORDER (CORRECTED COPY) - Government Motion By Special Trial Counsel For Order Requiring Defense Remediation of Material Obtained Outside of the Discovery Process 01/13/2017 AE365I
Government Motion by Special Trial Counsel To Reconsider in Part AE365I 01/12/2017 AE365J (GOV STC)
Military Judge Ruling on Defense Motion to Extend the Time in Which to Respond to AE 369 (UNOPPOSED) 01/10/2017 AE369B
Defense Response to AE 092AA, Government Supplement to AE 092U, Government Response to Defense Motion to Abate Proceedings and for Appropriate Relief Due to Destruction of Evidence Referenced in AE 092 01/10/2017 AE092FF
Defense Motion For Leave to File a Response to AE 092AA, Government Supplement to AE 092U, Out of Time 01/09/2017 AE092DD
Defense Motion to Extend the Time in Which to Respond to AE 369 (UNOPPOSED) 01/09/2017 AE369A

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