Thursday, November 13, 2014

Stay granted in al-Nashiri

On November 10 we noted the filing of a mandamus petition in the U.S. Court of Appeals for the District of Columbia Circuit in the al-Nashiri military commission case. Two days later, a panel of that court voted 2-1 to stay the proceedings in the U.S. Court of Military Commission Review. Circuit Judge Brett M. Kavanaugh dissented on the ground that the Court of Appeals lacks authority to issue a stay, and the accused can raise his constitutional objection to the composition of the CMCR only when he has exhausted his remedies "in the military justice system" [sic]. Hat tip to Just Security for posting about this development.

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