Military Commissions Freeze Appeals in the 9/11 Case

On Wednesday, May 23, the U.S. Court of Military Commission Review (CMCR), the intermediate military appellate court responsible for reviewing military commission proceedings, announced that it currently lacks a quorum to decide contested motions in United States v. Khalid Shaikh Mohammad, et al, commonly known as the “9/11 case.” Pending before the CMCR was a motion from codefendant Ammar al-Baluchi seeking a writ of mandamus requesting that the CMCR “prevent the further destruction of material evidence crucial to the guilt-innocence and sentencing phases of the pending military commission trial” by staying the government’s further destruction of a CIA “black site” that al-Baluchi asserts he was held in and is evidence material to his defense. Al-Baluchi also filed a motion for a 90-day extension of trial judge Col. James Pohl’s Apr. 20 stay pending the CMCR’s review of the mandamus petition, and a motion requesting…

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