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