In a setback for Guantanamo, court throws out years of rulings in USS Cole case
Source: Washington Post
By Missy Ryan April 16 at 6:50 PM
A federal court dealt a major blow to the Guantanamo Bay military commissions Tuesday, throwing out more than three years of proceedings in the case against the alleged mastermind of the 2000 bombing of the USS Cole.
In a unanimous decision, a three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled that former military judge Vance Spath created a disqualifying appearance of partiality by pursuing a position as an immigration judge while also overseeing the case.
The judges also voided an order issued by Spath that sought to require two defense attorneys for the defendant, Abd al-Rahim al-Nashiri, to return to the case against their will.
The ruling is the latest blemish for the troubled commissions set up in the wake of the Sept. 11, 2001, attacks to try prisoners held at Guantanamo Bay, Cuba. Of a once-vast detainee population there, only 40 inmates remain. Nearly two decades after the attacks, the start of the trial of 9/11 suspects remains far off amid seemingly endless legal wrangling and procedural delays.
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Read more: https://www.washingtonpost.com/world/national-security/in-a-setback-for-guantanamo-court-throws-out-years-of-rulings-in-uss-cole-case/2019/04/16/6c63e052-606b-11e9-bfad-36a7eb36cb60_story.html
Related:
18-1279 In re: Abd Al-Rahim Hussein Al-Nashir (U.S. Court of Appeals for the D.C. Circuit)