Published by The Lawfare Institute
in Cooperation With
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.