D.C. Circuit denies recusal mandamus petition

A panel of the U.S. Court of Appeals for the District of Columbia Circuit has denied petitions for mandamus and prohibition that challenged the failure of a Guantánamo military commission judge to recuse himself. The unanimous decision in In re Al Hawsawi, No. 19-1100 (D.C. Cir. Apr. 10, 2020), can be found here.

"The petitioners are being tried before a military commission at Guantanamo Bay, Cuba, for their alleged roles in the September 11th terrorist attacks. They seek writs of mandamus vacating all orders issued by the former presiding military judge, Marine Corps Colonel Keith Parrella, because of the appearance of partiality that they claim was created by his earlier work at the United States Department of Justice (DOJ), his acquaintance with one of the military commission prosecutors, the possibility that he might seek a position with the DOJ in the future and his alleged lack of candor regarding potential grounds for disqualification. Because it was neither clear nor indisputable that Parrella was obligated to recuse himself, we deny the petitions."