Niche News

War Department Invites Media to Pretrial Hearing in United States v. Abd al-Rahim al-Nashiri

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Key takeaways

Follow Up Questions

Who is Abd al-Rahim al-Nashiri and what specific charges does he face in the military commissions case?Expand

Abd al‑Rahim al‑Nashiri is a Saudi national long held at Guantánamo Bay who U.S. authorities say was the principal organizer of al‑Qaeda’s October 12, 2000 suicide bombing of the destroyer USS Cole. He has been referred to military commissions on multiple capital and non‑capital charges arising from the USS Cole attack and related attacks (including attacks on the French tanker MV Limburg and an attempted attack on USS The Sullivans); the formal charge sheets alleged murder in violation of the law of war and other war‑crimes and conspiracy specifications, including some that carry the death penalty.

What was the USS Cole attack and when did it happen?Expand

The USS Cole attack was a suicide bombing that ripped a hole in the port side of the U.S. Navy destroyer USS Cole while it refueled in the port of Aden, Yemen, on October 12, 2000; 17 U.S. sailors were killed and 39 injured.

What are military commissions and how do they differ from civilian federal courts or courts-martial?Expand

Military commissions are specialized tribunals established by the U.S. government to try violations of the law of war by enemy combatants; they are administrative‑law tribunals operating under the Military Commissions Act and Office of Military Commissions rules, distinct from federal civilian courts and from courts‑martial. Key differences: commissions try unlawful‑combatant/codefendant war‑crime offenses and use commission‑specific procedures and evidentiary rules; courts‑martial try service members under the Uniform Code of Military Justice; federal courts try criminal offenses under federal statutes with full constitutional protections and different evidentiary and appellate structures.

What typically occurs during "pretrial proceedings" in a military commissions case?Expand

Pretrial proceedings in a military commissions case typically include arraignment/plea entry, motions practice (e.g., for discovery, classified‑information handling, admissibility of evidence, and witness access), status conferences, hearings on suppression/competency or defense motions, designation of evidence and witnesses, and logistical scheduling; classified or national‑security matters are often handled through special procedures (e.g., protective orders, cleared counsel, and Classified Information Procedures Act‑like processes).

How can journalists apply to cover the hearing and are there common restrictions on media access?Expand

Journalists usually apply via the Office of Military Commissions’ media credentialing instructions or the Defense/War Department advisory for the specific hearing; applications require media credentials, photo ID, and adherence to press‑pool rules and deadlines. Common restrictions include limits on courtroom seating, prohibition on recording or photographing inside secure facilities, security/background checks or escorts, restrictions on classified testimony or exhibits, and potential pool reporting arrangements.

Why is this advisory issued by the War Department and which office or agency is responsible for handling military commissions media relations?Expand

The advisory is issued to notify and manage media access for military commissions proceedings; responsibility for media relations and credentialing rests with the Department of Defense/Office of Military Commissions (OMC), which publishes press advisories, credentialing rules and contact information for reporters covering commission events.

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