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Current Cases9/11: KHALID SHAIKH MOHAMMAD ET AL.

Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarek Bin 'Attash, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi are charged jointly, in connection with their alleged roles in the September 11, 2001, attacks against the United States. They are charged with committing the following eight offenses: conspiracy; attacking civilians; attacking civilian objects; intentionally causing serious bodily injury; murder in violation of the law of war; destruction of property in violation of the law of war; hijacking or hazarding a vessel or aircraft; and terrorism. 

ABD AL-RAHIM HUSSEIN MUHAMMED ABDU AL-NASHIRI (SAUDI ARABIAN)

Al-Nashiri is charged with perfidy, murder in violation of the law of war, attempted murder in violation of the law of war, terrorism, conspiracy, intentionally causing serious bodily injury, attacking civilians, attacking civilian objects, and hazarding a vessel. The charges arise out of an attempted attack on the USS THE SULLIVANS in January 2000, an attack on the USS COLE in October 2000, and an attack on the MV Limburg in October 2002.

In August 2014, Mr. al Nashiri's military trial judge dismissed the charges and specifications stemming from the M/V Limburg bombing. The Government immediately appealed that ruling to the U.S. Court of Military Commission Review (CMCR). Two military judges and one civilian judge were assigned to hear the Government's interlocutory appeal. In September 2014, Mr. al Nashiri moved to recuse the two military judges. He alleged that military judges are assigned to the CMCR in violation of the Appointments Clause, U.S. CONST. art. II, § 2, cl. 2, and cannot be freely removed in violation of the Commander-in-Chief Clause, id. cl. 1. The CMCR denied Mr. al Nashiri's motion in October 2014. Mr. al Nashiri then filed a petition requesting the U.S. Court of Appeals for the D.C. Circuit to issue a writ of mandamus and prohibition disqualifying the military judges on his CMCR panel. On June 23, 2015, the D.C. Circuit issued its opinion, denying Mr. al Nashiri's petition because he could adequately raise his constitutional challenges on appeal from final judgment.

U.S. v. ENCEP NURJAMAN (AKA HAMBALI) 

Encep Nurjaman is charged in connection with his alleged role in the bombing of nightclubs in Bali, Indonesia, in 2002 and the bombing of a J.W. Marriott hotel in Jakarta, Indonesia, in 2003. The charges include conspiracy, murder, attempted murder, intentionally causing serious bodily injury, terrorism, attacking civilians, attacking civilian objects, destruction of property, and accessory after the fact, all in violation of the law of war. Charges were referred jointly against Encep Nurjaman, Mohammed Farik Bin Amin, and Mohammed Nazir Bin Lep on January 21, 2021. Severance of the trial of the charges referred against Mr. Bin Amin from that of his co-accused was effectuated on August 29, 2023. Severance of the trial of the charges referred against Mr. Bin Lep from that of Mr. Nurjaman was effectuated on October 3, 2023. A charge is merely an accusation; an accused is presumed innocent until and unless proven guilty by proof beyond a reasonable doubt. The Office of Military Commissions is committed to the goal of transparency. Please be advised that some posted materials may be redacted in part or in whole through a review conducted by the DoD Security Classification/Declassification Review Team and any relevant non-DoD federal departments or agencies to prevent the release of classified and/or protected information in accordance with Chapters 17 and 19, Regulation for Trial by Military Commission.

A charge is merely an accusation; an accused is presumed innocent until proven guilty.