Agenda Set for July Motions Hearing in Al-Nashiri

Wells Bennett
Tuesday, June 19, 2012, 2:29 PM
Judge James Pohl yesterday filed this amended docketing order in the military commission case of United States v.

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Judge James Pohl yesterday filed this amended docketing order in the military commission case of United States v. Al-Nashiri.  The order sets forth an agenda for the upcoming commission session, which is scheduled for July 17-19.  It appears that fifteen different motions will be under discussion, assuming neither side asks the commission to add further items to the schedule. We will have more about the key filings identified in order, as we draw closer to the July hearing.  But in the meantime, note that Judge Pohl has said he will hear argument on, among other things: a notice of defense lawyer Michael Paradis's "undetailing" from the case; the defense's motion to disqualify Judge Pohl or for Judge Pohl to recuse himself; and a motion to dismiss the charges against Al-Nashiri, "because the Convening Authority Assumes the Responsibilities of an Office of the Government without the Minimal Procedures Required by the Appointments Clause."   Also set for argument is a defense request to broadcast the proceedings via traditional media, rather than via the closed circuit system now employed by the military.  Stay tuned, y'all.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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