Al-Nashiri: DC Circuit Finds Jurisdiction to Issue Mandamus Relief, But Declines to Do So

The opinion for the unanimous three-judge panel was authored by Judge Karen LeCraft Henderson.

I've only skimmed the ruling, the gist of which is to require Al-Nashiri, a Guantanamo detainee facing capital military commission charges, to present a threshold argument---that two commission appeals judges hearing an interlocutory appeal by the government had been appointed in violation of the Constitution---after the conclusion of his trial, rather than before it. (It is, nevertheless, quite important a) that the D.C. Circuit found mandamus jurisdiction here; and b) that its opinion spends considerable time discussing the merits of the detainee's Appointments clause challenge.)

We expect commentary about the decision shortly.