Monday, November 10, 2014

Mandamus sought in CMCR recusal case

Last month, we reported on two decisions of the U.S. Court of Military Commission Review rejecting challenges to judges' refusals to recuse themselves. One of those challenges has now been taken to the U.S. Court of Appeals for the District of Columbia Circuit by means of a petition for a writ of mandamus. At issue in In re Khadr is whether a judge of the CMCR can serve part-time while continuing to practice law with a private law firm. The terms of Judge William B. Pollard III's appointment have not been made public. The petition contends that he also has declined to provide information about how his simultaneous practice of law is consistent with title 18, U.S. Code's conflict of interest requirements. The Department of Defense treats Judge Pollard as a "special government employee."

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