War court judge orders Pentagon to replace USS Cole trial overseer | Miami Herald Miami... - 0 views
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The military judge presiding at the USS Cole death-penalty trial ordered the Pentagon to replace the senior official and his staff overseeing the war-court process, ruling a since-revoked requirement for judges to live at Guantánamo until a trial is over appeared to be unlawful meddling.Air Force Col. Vance Spath, the judge, issued the ruling in court Monday following a week of hearings that showed behind-the-scenes planning at the Pentagon on how to perhaps replace military judges and speed along the pretrial process.Prosecutors defended the planning by the legal staff of the so-called convening authority for military commissions, retired Marine Maj. Gen. Vaughn Ary, as routine brainstorming on resourcing of the war court.Defense lawyers called the move-in order illegal, a crime in military justice called “unlawful command influence,” that was designed to unfairly rush the death-penalty trial of Saudi captive Abd al Rahim al Nashiri, 50, as the alleged mastermind the USS Cole bombing.
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They wanted the judge to dismiss the case. But while Spath was still taking evidence, Deputy Secretary of Defense Robert O. Work quickly revoked the controversial order — meaning judges hearing war-crimes cases now may keep their prestigious regular duties and simultaneously preside at Guantánamo military commissions cases.Spath, in court Monday, called dismissal “not appropriate” in this instance. Instead, he disqualified Ary and four lawyers who worked on the move-in requirement: retired Army Col. Mark Toole, Army Reserves Lt. Col. Alyssa Adams, Navy Reserve Cmdr. Raghav Kotval, and Army Capt. Matthew Rich.He ordered the Pentagon to replace them in the USS Cole case — meaning a new convening authority would fund and assign Nashiri’s legal-team resources and pick the pool of military officers for his eventual jury.
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Spath also cut an upcoming two-week pretrial hearing at Guantánamo back to just one week, he said, to demonstrate “this detailed trial judge feels no pressure to accelerate the pace of this litigation.”
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