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Summary: 717 F. Supp. On August 7, 2007, Appellee filed a Motion to Dismiss all or a portion of the government's appeal because: (1) the appeal was not timely filed with this Court; and (2) the Court's Rules of Practice were not properly promulgated and therefore did not exist when the appeal was filed. On June 8, 2007, the prosecution filed a motion with the military judge, asking that he reconsider his June 4, 2007 ruling. The motion inferred a prosecution belief that the time within which to file a go......read more.


Summary: 717 F. Supp. On May 8, 2007, Deputy Secretary of Defense Gordon England appointed Captain John Rolph, Chief Judge of the Navy-Marine Corps Court of Criminal Appeals, and fifteen other active duty appellate judges from the various Armed Services to serve as judges on the Court of Military Commission Review. *1213 On June 15, 2007, Deputy Secretary of Defense England created the position of Deputy Chief Judge of the United States Court of Military Commission Review, "to provide continuity of opera......read more.


Summary: 807 F. Supp. On September 16, 2010, the Court received Appellant's motion to disqualify Judge O'Toole and Judge Thompson from sitting as appellate judges in the case of United States v. al Bahlul. On September 16, 2010, Appellant filed a motion seeking to disqualify Acting Chief Judge Daniel E. O'Toole from participating in this appeal because he is not presently serving on his Service Court of Criminal Appeals as Appellant asserts is required by the Military Commissions Act of 2009, and the Reg......read more.