United States v. Al-Nashiri

PUBLISHED OPINION OF THE COURT

Mitchell, Presiding Judge:

This interlocutory appeal arises from the military judge’s decision “that excludes evidence that is substantial proof of a material fact in the proceeding.” 10 U.S.C. § 950d(a)(2). The procedural history of this case is described in United States v. Al-Nashiri, No. 14-001, slip op. at *2 (USCMCR June 9, 2016). The military judge excluded evidence as to

foreign nationals not on board the USS COLE (DDG 67) but located on the boats servicing USS COLE (DDG 67), individuals located on or around the refueling dolphin and any individuals on wharfs…