PUBLISHED OPINION OF THE COURT POLLARD , Presiding Judge : Appellant Omar Ahmed Khadr filed two motions, one dated August 5, 2014, and the other August 20, 2014, asking me to recuse myself from hearing his appeal that is pending before our Court. Both motions are denied. The Motions In his first motion, Khadr argues that I have committed a high misdemeanor by practicing law in my private capacity while I hold office as a "judge appointed under the authority of the United States," citing...
PUBLISHED OPINION OF THE COURT PER CURIAM : The military judge dismissed Specification 2 of Charge IV (Terrorism), Charge VII (Attacking Civilians), Charge VIII (Attacking Civilian Objects), and Charge IX (Hijacking or Hazarding a Vessel or Aircraft) without prejudice. Appellant filed an interlocutory appeal under 10 U.S.C. 950d(a)(1) because the military judge's order "terminates proceedings of the military commission with respect to a charge or specification." See 2012 Manual for...
PUBLISHED OPINION OF THE COURT POLLARD , Judge : On July 7, 2010, Ibrahim Ahmed Mahmoud al Qosi ("Al Qosi"), in accordance with a written pretrial agreement, pleaded guilty to and was found guilty by a military commission of conspiracy to commit terrorism and provide material support for terrorism, and the substantive charge of providing material support to al Qaeda, a terrorist organization, in violation of 10 U.S.C. 950t(29) and 950t(25) (2009). On August 11, 2010, the military...
PUBLISHED OPINION OF THE COURT PRICE, Judge: I. INTRODUCTION .........................................................1155 II. PROCEDURAL HISTORY ...................................................1155 III. JURISDICTIONAL BASIS FOR REVIEW ......................................1157 IV. ISSUES ON APPEAL .....................................................1158 A. Result of Court's Review .........................................1158 V. STATEMENT OF FACTS ..........................................
PUBLISHED OPINION OF THE COURT PER CURIAM. I. STATEMENT OF FACTS ..................................................... 1254 II. CHARGE AND SPECIFICATIONS WITH GUILTY FINDINGS ......................... 1258 III. PROCEDURAL HISTORY ..................................................... 1259 IV. ISSUES ................................................................. 1260 V. MILITARY COMMISSION PROCEDURES ......................................... 1260 VI. STANDARD OF REVIEW ....................
807 F. Supp. 2d 1115 (2011) UNITED STATES, Appellee v. Ali Hamza Ahmad Suliman AL BAHLUL, Appellant. CMCR Case No. 09-001. United States Court of Military Commission Review. January 24, 2011. *1116 Before B. BRAND, D. CONN, T. GALLAGHER, J. HOFFMAN, J. PERLAK, E. PRICE, and M. SIMS. [1] APPELLANT'S MOTION TO DISQUALIFY AND EN BANC CONSIDERATION DANIEL E. O'TOOLE, Chief Judge. On September 16, 2010, the Court received Appellant's motion to disqualify Judge O'Toole and Judge Thompson from sitting...
801 F. Supp. 2d 1247 (2011) UNITED STATES of America v. Salim Ahmed HAMDAN. CMCR 09-002. United States Court of Military Commission Review. June 24, 2011. *1253 Joseph M. McMillan argued the cause for appellant. With him on the briefs were Harry H. Schneider, Jr., Charles C. Sipos, Adam Thurschwell, and Captain Michael G. Thieme, U.S. Air Force. Francis A. Gilligan argued the cause for appellee. With him on the briefs were Captain John F. Murphy, JAGC, U.S. Navy and Captain Edward S. White,...
820 F. Supp. 2d 1141 (2011) UNITED STATES of America v. Ali Hamza Ahmad Suliman AL BAHLUL. No. CMCR 09-001. United States Court of Military Commission Review. September 9, 2011. *1152 Colonel Peter E. Brownback, III, JA, U.S. Army was the military commission judge through arraignment, and Colonel *1153 Ronald A. Gregory, U.S. Air Force, was the military commission judge for trial. Michel Paradis argued the cause for appellant. With him on briefs were Major Todd E. Pierce, JA, U.S. Army, and...
753 F. Supp. 2d 1178 (2008) UNITED STATES of America, Appellant, v. Omar Ahmed KHADR, Appellee. No. CMCR 08-003. United States Court of Military Commission Review. October 3, 2008. *1179 For Appellant: Mr. Jordan A. Goldstein, Esq., U.S. Department of Justice; Major Jeffrey D. Groharing, USMC; Captain Keith A. Petty, JA, USA; Mr. John F. Murphy, Esq., U.S. Department of Justice. For Appellee: Lieutenant Commander William C. Kuebler, JAGC, USN; Rebecca S. Snyder, Esq. Before FRANCIS, FELTHAM,...
717 F. Supp. 2d 1212 (2007) UNITED STATES of America v. Omar Ahmed KHADR. CMCR Case No. 07-001. United States Court of Military Commission Review. September 24, 2007. RULING ON MOTION TO ABATE On July 19, 2007, Appellee filed a Motion to Abate Proceedings alleging: (1) invalid appointment of the appellate judges in the instant case and (2) invalid assignments of both the case and appellate panel members. Both parties briefed the issues raised by the Motion and it was one of several matters...
717 F. Supp. 2d 1203 (2007) UNITED STATES of America v. Omar Ahmed KHADR. CMCR Case No. 07-001. United States Court of Military Commission Review. September 19, 2007. *1204 RULING ON MOTION TO DISMISS DAVID R. FRANCIS, Judge. On August 7, 2007, Appellee filed a Motion to Dismiss all or a portion of the government's appeal because: (1) the appeal was not timely filed with this Court; and (2) the Court's Rules of Practice were not properly promulgated and therefore did not exist when the appeal...
717 F. Supp. 2d 1215 (2007) UNITED STATES of America, Appellant v. Omar Ahmed KHADR, Appellee. No. CMCR 07-001. United States Court of Military Commission Review. September 24, 2007. *1218 For Appellant: Francis A. Gilligan (argued); Major Jeffrey D. Groharing, JA, U.S. Army (on brief); Captain Keith A. Petty, JA, U.S. Army (on brief); Lieutenant Clay G. Trivett, Jr., JAGC, U.S. Navy (on brief). For Appellee: Lieutenant Commander William C. Kuebler, JAGC, U.S. Navy (on brief; argued); Rebecca S....
