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Latest Office of Military Commissions Court Calendar
9/11: 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 Hadi al-Iraqi (Iraqi)
Abd al Hadi is charged with Denying Quarter, Attacking Protected Property, Using Treachery or Perfidy, and Attempted Use of Treachery or Perfidy in a series of attacks in Afghanistan and Pakistan between about 2003 and 2004, and Conspiracy to commit law of war offenses.
Ahmed Mohammed Ahmed Haza al Darbi (Saudi Arabian)
Al Darbi is charged with conspiracy, attacking civilian objects, hazarding a vessel, terrorism, attempt, and aiding the enemy. The charges stem from an attempt to carry out terrorist attacks against shipping vessels in the Strait of Hormuz and off the coast of Yemen, and a completed terrorist attack against the French oil tanker, MV Limburg.
On February 20, 2014, Mr. al-Darbi pled guilty to the charged offenses. As part of his plea deal he agreed to delay his sentence proceeding for three years and six months, until August 19, 2017, in order to permit Mr. al-Darbi to cooperate with the Government.
Majid Shoukat Khan
Majid Shoukat Khan (Pakistani) Khan is charged with conspiracy, murder in violation of the law of war, attempted murder in violation of the law of war, providing material support for terrorism, and spying. The charges arise out of, among other things, the August 2003 bombing of the J.W. Marriot in Indonesia, and an attempted assassination of former Pakistani President Pervez Musharraf.
On February 29, 2012, Mr. Khan pled guilty to the charged offenses. As part of his plea deal, Mr. Khan agreed to delay his sentence proceeding for four years, from the date the Military Judge accepted his plea, in order to cooperate with the Government.
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.
A charge is merely an accusation; an accused is presumed innocent until proven guilty.