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Home https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ US https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ The court removes judgments from a military judge in the recession for the case of the USS Cole bombing in Guantanamo Bay

The court removes judgments from a military judge in the recession for the case of the USS Cole bombing in Guantanamo Bay



A federal court appeal gave years of court courts on Wednesday a case of terrorism held in Guantanamo Bay in Cuba focusing on the deadly terrorist bombing of U.S.. Cole in 2000.

A large set back for a case that has been plagued by major delays, the US Court of Appeals for DC Circuit ruled orders made by Air Force Col. Vance Spath – the judge who for years oversaw the military commission proceedings against suspected Al Qaeda members Abd al-Rahim al-Nashiri – should be discarded.

The three-judge panel mentioned Spath's undisclated conflict of interest over the years, during which he pursued a job as an immigration judge in the Department of Justice while concealing truth from defense. Therefore, every decision she has made since she applied her job is now thrown away. Court judges appealed to Spath's actions to "disqualify appearance of partiality."

Al-Nashiri, 54, is the alleged mastermind of U.S.S. bombing Cole on the Gulf of Aden in Yemen on October 1

2, 2000, killing 17 U.S. fighters. Navy and injured 39 more. Al-Nashiri, a Saudi citizen, was conquered by US forces in 2002, who were involved in CIA's "black sites" worldwide for four years, and held in Guantanamo Bay since 2006 . "

" We do not use the crimes allegedly accused by Al-Nashiri. On the contrary, the burden of supposedly offenders and the genius of punishment they carry may require an undesirable that adjudicator is more important, "says Judge David Tatel, writing a unanimous opinion for the appeals panel of appeal.

In making this decision, Tatel said "the government is seeking to impose the ultimate punishment against Al-Nashiri."

Spath led the al-Nashiri case since July 2014, and applied for the position of DOJ's Executive Office for Immigration Analysis on November 19, 2015. Spath never stated this fact in defense, even though his actions from this period can be seen as part of a job interview. The appeal appeal panel said Spath made his role as a judge in al-Nashiri proceedings an essential part of his job application, with Spath telling the DOJ he was "selected by the top Air Force attorney to be trial judge "for" military commission trials for allegedly 'y & # 39; Cole bombing & # 39; mastermind. "Spath's job application is expressed only through the Freedom of Information Act's request.

Spath was offered a job as an immigration judge for the DOJ but ran into complications due to his retirement from the military It was during this time that he engaged in a hot dispute with defense attorneys for al-Nashiri, who wants to leave the case.

In the summer of 2017, the legal defense of al-Nashiri consists of four lawyers. Richard Kammen is a highly experienced lawyer in defense of many cases in the capital. Mary Spears and Rosa Eliades, who are in the case since 2015, are civilian employees in the Department of Defense. At Navy Lt. Alaric Piette, who was appointed to defend al-Nashiri just a few months ago. All this was reported in Brig. Gen. John Baker, the chief advocate of defending the Military Defense Defense Organization.

Concerns about the team's defense concerns about the "confidentiality of Guantanamo's meeting spaces," reminiscent of the discovery of a hidden microphone (described by the Department of Defense as a nonfunctional "legacy microphone") in one of the rooms. defense motions seeking answers, and then asked Kammen, Spears, and Eliades to allow Baker to leave the case. He granted their demands, leaving Piette alone, which has limited experience in capital cases.

[201] resistant to force Eliades and Spears to return to the case.

As Tatel said, "the two subplots of the story of Spath" – the job application and the defense of defense lawyers – "reached their dedication in the week of February 12, 2018." On Monday That week, Spath ordered Eliades and Spears to appear through videoconference the following day. On Tuesday, Eliades and Spears said they would not, and so Spath d responded by ordering the draft attachment writes to have them both arrested. On Thursday, he said he was "to think about this overnight." However, according to Tatel's statement, "he thought of other important decisions on Thursday night", when a human resource specialist at the Executive Office for Immigration Review gave Spath on his start date, saying that he would start with them on July 8, 2018. He said he would go back to that weekend and call on Tuesday.

Spath "uncertain" has dropped in the actions of the military commission against al-Nashiri the following morning.

Tatel also pointed out how the role of the Commission's Commission of Military Commission's review on Spath's reproach. The Military Commission Commission reviews requests for information from al-Nashiri's lawyers by "calling on non-legislative statements of statements & # 39; and dispute that the & # 39; [d] does not provide a basis for believing that a former military judge applied for a position in [Justice Department] or even contacted [Justice Department] about employment. "

But , as taught by Tatel, "less than a week later, however, an Associated Press image shows Spath standing next to Attorney General [Jeff] Sessions at a welcome ceremony for new judges immigration. "

Tatel removed all the decisions made by the Review of the Military Military Commission.

"Criminal justice is a duty," Tatel said in the decision. "However in this case, save Al-Nashiri's advice, all elements of the military commission system – from the prosecution team to the Justice Department at CMCR to the judge itself – have failed to live in that responsibility. "

What will happen next to al-Nashiri's case is unclear, but it is a huge set back for prosecutors.

Al-Nashiri's case is not just the case of terrorist proceedings in Guantanamo Bay. Other members of al Qaeda, including Khalid Sheikh Mohammed, suspected mastermind of 9/11 terrorist attacks, will be held there. Function (f, b, e, v, n, t, s) {if (f.fbq) return; n = f.fbq = function () {n.callMethod?
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