Marty Lederman on the al-Nashiri judges issue

Prof. Marty Lederman

Marty Lederman has an insightful post on Just Security about the judge-disqualification issue in the al-Nashiri military commission case now pending before the U.S. Court of Appeals for the District of Columbia Circuit. He's skeptical that the challenge will succeed if the court concludes it has jurisdiction at this time. Would it be churlish to note that the military judges serving on the U.S. Court of Military Commission Review enjoy better protection in office (three-year terms) than do the trial and appellate judges of the U.S. Navy, Marine Corps and Air Force, who decide far more cases than will ever be tried by military commission (and lack terms of office of any duration)?