Tuesday, December 31, 2024

Plea deals upheld updated

 The military court of appeals has upheld the plea deals reached in relation to the men being being tried by the military. The three men reached a deal of life sentences in return for not being executed. A sound deal until defense secretary Austin tried to stop it. I don't think there is enough time left for Biden to actually close the place but rumors abound.

stay tuned.

for the detail oriented here is the docket entry:

(26) 24-001 Moh., KSM - CMCR court denying the petition for a writ of mandamus and prohibition, finding the government (i) satisfied the first Cheney test, 542 U.S. at 380-81, because the military judge's vacatur of the Secretary of Defense's memorandum pertaining to future pretrial agreements was a clear abuse of discretion, but (ii) did not satisfy the second Cheney test because it had an adequate means to obtain desired relief through direct appeal, and therefore finding it (iii) unnecessary to consider the third Cheney test about appropriateness of writ under the circumstances.


Unfortunately the government decided to turn this over to the trump idiots and filed a motion with the Military Commission judge asking that the entry of pleas for Mr. Mohammad, Mr. bin 'Atash and Mr. al Hawsawi be postponed until Jan. 27th,  to allow time for the government to decide whether to pursue further action in the D.C. Circuit, and file pleadings there if they decide to do so. 


Tunisian released -more to come?

 This man has been held at Gitmo since day 1 and never charged. More details to follow but there are rumors more will be released by Biden.