Cases

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

Gov - USS Cole Refuel Bunker Memo

05/26/2023

AE319KKK

Gov - USS Cole Arr Notification Memo

05/26/2023

AE319LLL

Gov - Aden HBM Vessels List

05/26/2023

AE319MMM

the Government Notice of Exhibits Referenced in AE 319QQQ

05/26/2023

AE319YYY

Defense Final Argument/Update IAW AE 444Q

05/26/2023

AE444R

Government Motion To Exclude Testimony of Mr. Steven Kleinman in Support of AE 467, AE 480, and AE 481

05/26/2023

AE549

Notice of Job Offer Acceptance of Presiding Judge

05/26/2023

AE548B

ORDER - Defense Motion to Disqualify the Military Judge for the Appearance of Bias Pursuant to R.M.C. 902 and Request for Expedited Consideration

05/26/2023

AE548A

Defense Motion to Disqualify the Military Judge for the Appearance of Bias Pursuant to R.M.C. 902 and Request for Expedited Consideration

05/25/2023

AE548

Defense Motion to Defer Litigation of AE 467

05/24/2023

AE467RR

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