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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 rejected the decisions of the military judge in the case of USS Cole bombing at Guantanamo Bay

The court rejected the decisions of the military judge in the case of USS Cole bombing at Guantanamo Bay



The Federal Appellate Court rejected annual court decisions Wednesday in a terrorist case detained in Guantánamo, Cuba, focusing on the deadly terrorist attack in the United States. Cole in 2000

A large reserve for a case that has already been plagued by long delays, the US Circuit Court of Appeal for DC Circuit has ordered Air Force Command Vance Spath, the judge who has for years observed military committee procedures against the suspect al-Qaeda member Abd al-Rahim al-Nashiri should be thrown out.

The three-member panel cites Spath's undisclosed conflicts of interest over the years he worked as an immigration judge at the Justice Department while hiding this fact from the defense. Therefore, any decision he has made since he has applied for a job is now released. Judges of the Court of Appeal have reported that Spat's actions have given "disqualifying visibility to bias".

54-year-old Al-Nasir is the supposed head of bombing in the United States. Cole in the Gulf of Yemen on 1

2 October 2000, in which 17 US Navy sailors were killed and 39 others were injured. Al-Nashiri, a Saudi citizen, was captured by US forces in 2002, interrogated on CIA's "black sites" over the world for four years, and was held in Guantanamo Bay in 2006

No we take light crimes for which Al-Nasir is charged with committing crimes. On the contrary, the seriousness of these alleged crimes and the severity of the punishment they can make make the need for an uncontested judge even more important, "said Judge David Tatel, writing a unanimous opinion of the Court of Appeal.

In making this decision, Tatel stressed that "the government is striving to impose the ultimate sanction against Al-Nashiri."

Spat has presided over the Al-Nasiris case since July 2014 and has applied for a post in the executive office of the Foreign Ministry. Spath never reveals this fact for protection, although his actions from this point on can be seen as part of a job interview. The court panel of the Appellate Court indicated that Spath had served as a judge. in the al-Nasiri case a significant part of his job application, Spath telling the DOJ that he was "selected by the chief Air Force attorney to be a judge" for "the military commissions for the alleged" bombing of Cole " Spat was revealed only through a request for a Freedom of Information Act

Spat was offered work as an immigration judge for the Ministry of Justice but faced complications due to his retirement from During this period he started to unfold rescued with Al-Nasirri's lawyers who wanted to leave the case

In the summer of 2017, Al-Nasirri's legal defense team consisted of four lawyers: Richard Kammen was a very experienced lawyer in numerous capital cases. Mary Spears and Rosa Eliades, who have been in this case since 2015, were civil servants in the Ministry of Defense, and the Navy Navy Alaryh Piet, who was appointed to protect Al-Nasir just a few months earlier. They all reported to Brig. General John Baker, Chief Defense Defender of the Military Committees.

The defense team raised concerns about the "confidentiality of Guantánamo meeting locations," reinforced by the discovery of a hidden microphone (which the Department of Defense described as a non-functional "hereditary microphone") in one of the rooms. the suggestions of the defense teams seeking answers, and then Kammen, Spears and Eliades demanded permission from Baker to leave the case. He met their demands, leaving only Piet, who had very limited experience in capital affairs. 2018 struggles to force Eliad and Spears to return to the case.

As Tatel said, "the two subtitles of Spath's history – the job application and the defense advocates -" reached their denomination in the week of February 12. On the same weekend, Spat ordered Eliades and Spears to appear at a videoconference the following day and on Tuesday Eliades and Spears said they would not do so and Spath d) by ordering a distraction attachment project arrested. On Thursday, he said he "will think about it at night." But, as Tatel said, "Thursday night he was considering another important decision," when a Human Resources Specialist at the Immigration Executive Office kicked off his start. the date, saying he could start with them on July 8, 2018. He said he would return this weekend and call on Tuesday.

Spath "infinitely" shortened the military commission's proceedings against Al-Nasir on the following morning.

Tatel also pointed out how the Military Commission's review played a role in the supposed spite of Spate. The Military Commission's review responds to al-Nasir's lawyer's requests for information by "calling for reports of unjustified allegations" and claims that [d] has no reason to believe that the former president of the military judge has applied for the Position with [Justice Department] or even contacting [Justice Department] in terms of employment. "

But, as Tatel noted," less than a week later, a picture of the Associated Press appeared, showing Spath standing next to the Prosecutor General [Jeff] Sessions of the ceremony to welcome the new judges on immigration .

Tatel freed all decisions taken from the Military Commission's review.

"Criminal justice is shared responsibility," Tatel said in the decision. "But in this case, with the exception of Al-Nashiri's defender, all elements of the military commission system – from the prosecution staff at the Justice Department to the CMCR to the judge himself – failed to fulfill that responsibility. in the case of Al-Nasir, is unclear, but this is a huge measure for prosecutors Al-Ushari's case is not the only case of terrorism that is being dealt with in the Guantánamo Bay case Other al-Qaida members, including Khalid Sheik Mohammed, the alleged terrorist leader (f, b, e, v, n, t, s) {if (f.fbq) returns; n = f.fbq = function () {n.callMethod?
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