In re: Mary E. Spears and Rosa A. Eliades

Tatel, Circuit Judge:

Abd Al-Rahim Hussein Muhammed Al-Nashiri is currently detained at Guantanamo Bay, where he faces capital charges before a military commission. These petitions concern the conduct of Colonel Vance Spath, the military judge who presided over Al-Nashiri's case for four years. Shortly into his tenure-and without disclosing it to Al-Nashiri and his lawyers-Spath applied for employment as an immigration judge in the U.S. Department of Justice. Then, after receiving a job offer but before retiring from the military, Spath found himself locked in a dispute with Al-Nashiri's…