United States v. Al-Nashiri

PUBLISHED OPINION OF THE COURT

The military judge dismissed Specification 2 of Charge TV (Terrorism), Charge VII (Attacking Civilians), Charge VIII (Attacking Civilian Objects), and Charge IX (Hijacking or Hazarding a Vessel or Aircraft) without prejudice. Appellant filed an interlocutory appeal under 10 U.S.C. § 950d(a)(l) because the military judge’s order “terminates proceedings of the military commission with respect to a charge *1306or specification.” See 2012 Manual for Military Commissions (MMC), Rule for Military Commission (R.M.C.) 908(a)(1). That appeal is now before us.

On September 23,…