The rebuke from a federal court comes as military commissions struggle to make progress.
By Missy Ryan Missy Ryan Reporter covering the Pentagon, military issues and national security Email Bio Follow 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.
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.
“Many years ago, when Abd al-Rahim first heard he was being handed over to the Americans, he was actually happy because he thought the United States was a country of laws and rights and that he’d at least be treated fairly,” said Navy Lt. Alaric Piette, a member of Nashiri’s defense team. “Finally, after 16 years, with this ruling, that has actually happened. Which is to say that this will mean a lot to him.
The D.C. Circuit judges, in a stinging rebuke, responded this week by throwing out rulings in the case from the commission and at least some from its appeals body, beginning at the moment when Spath initiated his job application in November 2015. The CMCR is the Guantanamo appeals body. Tatel was joined on the panel by Judges Judith Rogers and Thomas Griffith.
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