Voice of America
17 Apr 2019, 02:05 GMT+10
WASHINGTON - A federal appeals court has thrown out years of legal proceedings in the already-delayed military commission case against a Saudi charged in the deadly 2000 bombing of a U.S. warship.
An appellate panel in Washington said Tuesday that a military judge improperly continued to preside over the case after he sought a job in the Justice Department beginning in 2015. Retired Air Force Col. Vance Spath took a job last year as an immigration judge in the Justice Department.
'We cannot permit an appearance of partiality to infect a system of justice that requires the most scrupulous conduct from its adjudicators,' Judge David Tatel wrote for the unanimous three-judge panel. The military judge who briefly replaced Spath, Col. Shelly Schools, was taken off the case after it was revealed that Schools also was seeking to becoming an immigration judge.
Suspect could face death penalty
Defendant Abd al-Rahim al-Nashiri is accused of orchestrating the October 2000 bombing of the USS Cole, which killed 17 sailors and wounded 37. He could get the death penalty if convicted by the commission of charges that include terrorism and murder for his alleged role in the al-Qaida plot.
Al-Nashiri, in U.S. custody since 2002, is being held at the U.S. Navy base at Guantanamo Bay, Cuba.
University of Texas law professor Stephen Vladeck said the ruling probably means additional years of delay 'because a lot of these issues are going to have to be re-litigated from scratch.' The military commission proceedings have repeatedly stalled since al-Nashiri's arraignment in 2011. Spath himself called a halt last year following the discovery of microphones in a room where al-Nashiri met with his lawyers, and the lawyers' subsequent decision to resign from the case for ethical reasons.
Spath touted his role as the presiding judge over al-Nashiri's case in his employment application, including submitting an order he had issued as a writing sample, the appeals court said.
But 'while Spath made sure to tell the Justice Department about his assignment to Al-Nashiri's commission, he was not so forthcoming with Al-Nashiri. At no point in the two-plus years after submitting his application did Spath disclose his efforts to secure employment' as an immigration judge, Tatel wrote.
Court critical of prosecutors
The court also was critical of prosecutors, the Justice Department and the Court of Military Commission Review, which had upheld many of Spath's orders.
'To me, it's a stunning rebuke of not only Judge Spath, but also the government lawyers and the Court of Military Commission Review for not showing far greater concern for the appearance of impartiality in a capital case, no matter if not especially because of what folks might think of the defendant,' Vladeck wrote in an email.
Get a daily dose of San Antonio Post news through our daily email, its complimentary and keeps you fully up to date with world and business news as well.
Publish news of your business, community or sports group, personnel appointments, major event and more by submitting a news release to San Antonio Post.
More InformationGurugram (Haryana) [India], June 7 (ANI): As Prime Minister Narendra Modi is set to attend the G7 summit to be held later this month...
By Ravi Khandelwal Vancouver [Canada], June 6 (ANI): Canada needs to have a better relationship with India and move forward positively...
New Delhi [India] June 6 (ANI): Mumbai Dreamers player Aakash Balmiki believes that the inaugural edition of the Rugby Premier League...
Washington DC [US], June 4 (ANI): Actor and filmmaker Billy Bob Thornton opened up on how he felt returning to the football field featured...
Texas [USA], June 3 (ANI): BRS Working President KT Rama Rao (KTR), on Tuesday (local time) met students at the University of Texas...
Washington DC [US], June 3 (ANI): Actor Jonathan Joss, best known for his role as Chief Ken Hotate in 'Parks and Recreation,' passed...
BERLIN, Germany: Germany has taken its first significant fiscal step to jumpstart its slowing economy. This week, the cabinet approved...
ISLAMABAD, Pakistan: Pakistan's army said on June 4 that its security forces raided a militant hideout and killed 14 insurgents during...
NEW YORK CITY, New York: The United Nations General Assembly has elected five countries to join the Security Council starting January...
SEOUL, South Korea: South Korea's new president, liberal Lee Jae-myung, took office on June 4 after a dramatic and chaotic few months....
LONDON, UK: As of this month, it's officially illegal to buy disposable vapes anywhere in the United Kingdom. The new ban, aimed...
SEOUL, South Korea: South Korea's upcoming presidential election has turned into a messy battle full of personal insults and scandals...