nationalsecuritylaw United States v. al-Nashiri (Mil. Com. 10/19/11)

October 24, 2011

The defense has moved for an order (see the second entry under al-Nashiri, # AEO11) obliging the government to declare whether it would continue to hold al-Nashiri in military custody in the event of an acquittal in his military commission proceeding. The short memo supporting the motion criticizes this possibility as making a sham of the trial, but ultimately the main point raised is that the defense needs the information in order to best advise al-Nashiri and to form trial strategy. The defense argues that al-Nashiri is entitled to an answer to this question under the MCA, the Detainee Treatment Act, and the 5th, 6th, and 8th Amendments of the Constitution.