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Document: Pretrial Hearings to Resume in Al-Nashiri Case, CMCR Rules

Quinta Jurecic
Friday, October 12, 2018, 5:31 PM

The Court of Military Commission Review (CMCR) has ruled on former Military Judge Col. Vance Spath's decision to hold proceedings in the al-Nashiri military commissions case in abatement, reversing the judge's ruling and ordering pretrial hearings in al-Nashiri to begin again.

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The Court of Military Commission Review (CMCR) has ruled on former Military Judge Col. Vance Spath's decision to hold proceedings in the al-Nashiri military commissions case in abatement, reversing the judge's ruling and ordering pretrial hearings in al-Nashiri to begin again. The CMCR also ruled on a host of related issues raised in the government's interlocutory appeal of Spath's order, holding that al-Nashiri's defense counsel had no good cause to withdraw, that counsel were required to obey Spath's order to continue representing al-Nashiri and that there is no absolute right to learned counsel in a capital military commissions case, among other things. The ruling is available here and in full below.


Quinta Jurecic is a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare. She previously served as Lawfare's managing editor and as an editorial writer for the Washington Post.

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