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Tag Archive: Court of Military Commission Review

The CMCR’s Latest (Non-)Decision in al-Nashiri [UPDATED with links to supplemental briefs]

After a very long delay, and a couple of new presidential appointments of military judges to the court (resolving one of the two serious structural problems Steve has described elsewhere), the Court of Military Commission Review has finally issued its decision in the government’s interlocutory appeal on the MV Limburg aspect of the case against Abd al-Rahim Hussain al-Nashiri.…   continue »

The Government (Sort of) Wins a Guantánamo Military Commission Appeal

No, not that one. In a two-page order issued this morning, the D.C. Circuit (Tatel, Griffith, & Silberman, JJ.) dismissed the appeal of former Guantánamo detainee Ibrahim Ahmed Mahmoud al-Qosi, on the ground that his appointed appellate defense counsel, Navy Captain Mary McCormick, did not have al-Qosi’s permission to appeal the Court of Military Commission Review (CMCR)’s April 2014 decision, and so there was no case or controversy to review.…   continue »

Military Commissions and Unintended Constitutional Consequences

Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging the means by which judges were appointed to the Court of Military Commission Review (CMCR), the Article I court Congress created in the Military Commissions Act of 2006 to hear appeals from rulings by military commission trial judges.…   continue »