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"The whole purpose...was to evaluate whether the CIA agents were violating the law," Morison said. "The only reasonable interpretation of that analysis is that there is no such thing (as the common law of war)." On Monday this week, Morrison and the rest of Khadr’s legal counsel, filed a motion in Guantanamo’s appeals court asking that the conviction against their client be vacated.

Should Khadr’s attorneys succeed, then a number of cases pertaining to current or former Guantanamo detainees accused of war crimes could be called into question. According to Human Rights Watch, however, only six of the 149 detainees at Gitmo face any formal charges — fewer than the number of prisoners who have died while held there in military custody.

A military lawyer for the alleged plot mastermind, Khalid Sheik Mohammed, said the remarks were troubling in light of the Senate Torture Report showing the CIA’s enhanced interrogation techniques included sexual humiliation.“These men have been subjected by the U.S. government to documented, systematic sexualized attack on their Islamic identity,” Marine Maj. Derek Poteet, Mohammed’s detailed military counsel, told the Miami Herald. “So forced touching by guards of the opposite sex is extremely inappropriate.” Poteet also called it “also extraordinarily inappropriate for these respected military and civilian leaders to inject themselves into the matters that are currently in litigation in a military commission by a military judge, raising the specter of unlawful command influence.”

Since the Pentagon opened the war-on-terror prison camps here in 2002, female guards routinely escorted most of the prisoners to and from appointments, classes, everything but showers. But the 9/11 defendants got here in 2006, and are segregated in the secret Camp 7 since their transfer from CIA black sites, where they were subjected to sexual humiliation.

Later, at a press conference, she characterized the ban as a manipulation of the U.S. legal system by “the worst of the worst.”“As the women guards at Guantánamo told us, they just want to do their jobs,” she said. “And they can’t believe that we are allowing terrorists who murdered almost 3,000 people to dictate how U.S. service members do their jobs — simply because they are women.”

Monday, Spath bristled at the notion that pretrial hearings could be accelerated.“This is a complicated international terrorism case under a relatively new statutory scheme with an unprecedented amount of classified evidence,” he said.In last week’s hearings, Nashiri’s attorneys uncovered a plan to relieve Spath of his Guantánamo cases and leave him in his full-time duties as chief of the Air Force Judiciary — a behind-the-scenes development that Spath said was particularly troubling.Ary had staff crunch costs of conducting commuter hearings here at remote Camp Justice — flights, translators, etc. — and figured that 34 days of hearings in 2014 cost $2,294,117 million for each day the court was open. That works out to $458,823 an hour on mostly tangential pretrial issues — or $7,647 a minute. Staff also tallied how many hours each judge spent on the bench at Guantánamo.

Three judges are hearing three terror cases: ▪ Army Col. James L. Pohl, presiding in the Sept. 11 capital murder conspiracy trial of Khalid Sheik Mohammed and four alleged accomplices. He ruled without taking testimony last week that there was an appearance of unlawful interference. He had halted proceedings and threatened more action until the Pentagon revoked the move-in order.▪ Judge Spath in the USS Cole case, who said Monday that Work’s revocation of the relocation rule was not a sufficient remedy. He said the attempted effort of unlawful influence appeared to “cast a cloud” over the independence of the judiciary but did not succeed because he would allow no one to rush him. Ary’s role, he ruled, is to resource the judiciary — “most certainly not an entity that sets the pace of litigation.”▪ The non-capital prosecution of Abd al Hadi al Iraqi, who is accused of commanding al-Qaida forces that allegedly committed war crimes while resisting the 2001 U.S. invasion in Afghanistan. Hadi’s judge, Navy Capt. J.K. Waits, has listed the unlawful-influence question, and whether to dismiss the case, as first up on the docket of his next hearing, March 23.

Hadi’s lawyers were watching Spath’s decision to see what, if any, remedy they would seek from their Navy judge who is based in Naples, Italy, and commutes to Cuba to preside in the case.It was disclosed over the weekend that Waits has lifted an order on the prison forbidding female troops from touching Hadi, a development that, like the move-in order, had stirred controversy.Spath’s move rejecting a “convening authority” has precedent in the war court that President George W. Bush built and President Barack Obama reformed.In 2008, before the reforms, a Navy judge in the case of Osama bin Laden’s driver disqualified the then-military commissions legal adviser, Air Force Brig. Gen. Thomas W. Hartmann, as not being fair and balanced. The legal adviser in that version of the war court had some of the duties of the current convening authority.