Court of Military Commissions Review Issues Two New Orders

The Court of Military Commissions Review (CMCR) has issued two new orders in recent days in the cases of Ibrahim Ahmed Mahmoud al Qosi and the five accused 9/11 conspirators. In the latter case, the Miami Herald reports that the CMCR overruled the trial judge, military judge Army Col. James Pohl, to reinstate charges of attacking civilian objects and destruction of property against the five defendants. Pohl previously dismissed the charges on the grounds that the statute of limitations had expired. The decision is not yet publicly available.

In the Qosi case, in which Qosi is litigating his right to appeal his previous guilty plea before a military commission, the CMCR had previously asked the government to provide information on whether Qosi—who was released from Guantanamo in 2012—has participated in hostilities since his departure. The court's new order finds inadequate the government's assertions based on hearsay that Qosi is currently an unprivileged enemy belligerent, and returns the case to the military commission for a hearing on Qosi's status. The order is included in full below.