Mandamus Relief Denied To September 11 Defendants

The United States Court of Appeals for the District of Columbia has denied mandamus relief seeking to vacate all orders by the former presiding military judge

The petitioners are being tried before a military commission at Guantanamo Bay, Cuba, for their alleged roles in the September 11th terrorist attacks. They seek writs of mandamus vacating all orders issued by the former presiding military judge, Marine Corps Colonel Keith Parrella, because of the appearance of partiality that they claim was created by his earlier work at the United States Department of Justice (DOJ), his acquaintance with one of the military commission prosecutors, the possibility that he might seek a position with the DOJ in the future and his alleged lack of candor regarding potential grounds for disqualification. Because it was neither clear nor indisputable that Parrella was obligated to recuse himself, we deny the petitions.

The court reviewed the evidence 

Reviewing all of the grounds for recusal proffered by the Guantanamo defendants together—Parrella’s CTS fellowship, his relationship with Groharing, the possibility of future DOJ employment and his voir dire responses—we conclude that it is neither clear nor indisputable that Colonel Parrella should have recused himself. The circumstances of Parrella’s career and relationships do not constitute reasonable bases for the extraordinary remedy of mandamus.

For the foregoing reasons, we deny the petitions

The opinion was authored by circuit Judge Henderson, (Mike Frisch)