#BREAKING: #GTMO Court of Military Commission Review "un-abates" Al-Nashiri case; orders pre-trial proceedings to resume:
justsecurity.org/wp-content/upl…
justsecurity.org/wp-content/upl…
Key holdings:
There was no good cause for defense counsel to withdraw (no proof of intrusion);
They were required to comply with the trial judge's orders despite their ethical objections; and
There's no absolute right to "learned counsel" in a capital military commission.
There was no good cause for defense counsel to withdraw (no proof of intrusion);
They were required to comply with the trial judge's orders despite their ethical objections; and
There's no absolute right to "learned counsel" in a capital military commission.
Here's my post from May explaining how we had gotten to this point:
justsecurity.org/56151/heck-hap…
justsecurity.org/56151/heck-hap…
These are stunningly sweeping holdings, several of which the court reached even though it arguably lacked jurisdiction to even decide them.
Something tells me that the D.C. Circuit may have some... different... views on some of these issues. Either way, that's now the next step.
Something tells me that the D.C. Circuit may have some... different... views on some of these issues. Either way, that's now the next step.
