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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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RULING Defense Motion To Abate Proceedings Pending The Restoration of Commander Brian Mizer to the Defense Team 09/23/2016 AE348L
RULING Defense Motion To Dismiss Charge IV, Specification 2; Charge V, Overt Act 26; and Charges VII-IX Pursuant to RJR Nabisco v. European Community 09/23/2016 AE351D
Notice To The Defense Of The Gov’s Classified Ex Parte, In Camera, and Under Seal Third Supplement To Gov Motion (AE 120AAA) To Request Substitutions And Other Relief From Ordered Discovery Of Classified Information So As To Comply With Paragraph 13.h. Of AE 120AA 09/22/2016 AE120UUUUU
Defense Motion for Leave to File a Supplemental Filing to AE 355: Defense Motion to Compel Discovery: Ex Parte Communications With the U.S.C.M.C.R. 09/22/2016 AE355I
Defense Brief Outlining Continued Unlawful Influence in the Office of the Convening Authority 09/22/2016 AE332LL
Government's Forty-Seventh Notice Relating To Its Efforts To Comply With The Commission's 24 June 2014 Discovery Order (AE120AA) 09/21/2016 AE120VVVVV
RULING Defense Motion To Withdraw AE355F: Defense Motion for Leave to File a Supplemental Filing to AE355 09/21/2016 AE355H
Government Response To Defense Motion Requesting The Accused Be Housed At The ELC During The Hearings Commencing 7 September And Thereafter 09/21/2016 AE359A
Defense Motion to withdraw AE 355F (Defense Motion for Leave to File a Supplemental Filing to AE 355: Defense Motion to Compel Discovery: Ex Parte Communications with the U.S.C.M.C.R.) 09/19/2016 AE355G
Scheduling Order (Amended) 09/19/2016 AE203P

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