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The Champion

March 2012 , Page 55 

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The Alleged U.S.S. Cole Bomber (Military Commissions Update)

By Mason C. Clutter

Read more Military Commissions Update columns.

One word comes to mind when reflecting on the latest military commissions proceedings at Guantánamo Bay, Cuba: frustrating. It is frustrating that time and money continue to be spent debating issues that, while well-settled in federal courts, are cases of first impression in this now third iteration of the military commissions. Procedural issues that greatly affect the ability of the defense to provide zealous representation remain unresolved after 10 years. The process is basically starting from square one again, and this is frustrating.

On Jan. 17 and 18, 2012, the military commission of the alleged U.S.S. Cole bomber Abd al-Rahim al-Nashiri reconvened for motions hearings. It was like déjà vu as Judge Pohl brought the commission to order and began arguments on motions that one thought were settled during the arraignment in November 2011. The issues included defense access to resources and allegations that members of Joint Task Force Guantánamo (JTF-GTMO) — the body re

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