A federal appeals court dealt another severe blow to the beleaguered Guantanamo Bay military tribunals Tuesday, tossing out three years worth of rulings in a key terror case after deciding the judge overseeing the proceedings did not appear to be impartial.
The case is being handled under Guantanamo Bay’s military commissions, created after the Sept. 11, 2001, terrorist attacks to prosecute detainees at the military prison. Tuesday’s ruling is yet another setback for the tribunal system. The order included an extraordinary rebuke of military judges, prosecutors and other officials for failing to ensure that the commission process remained free of bias and the appearance of bias.
“In no proceeding is the need for an impartial judge more acute than one that may end in death,” Tatel wrote in an opinion joined by Judges Judith Rogers and Thomas Griffith. Tatel said the court recognized that the ruling would lead to further delays in a process already faulted for its glacial pace, but added that upholding the legitimacy of the process had to take precedence over speed.
The Justice Department declined to comment, citing the pending litigation. The Defense Department had no immediate comment on the ruling.
Federal courts continue to accrue power making themselves more powerful than the Executive and military.
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