In re: Abd Al-Rahim Hussein Al-Nashir, No. 14-1203 (D.C. Cir. 2015)
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Petitioner, a Guantanamo Bay detainee, raised two challenges to the constitutionality of the
United States Court of Military Commission Review (CMCR). The court held that petitioner is not entitled to mandamus relief because this Court can consider his Appointments Clause and Commander-in-Chief Clause challenges on direct appeal, after the military commission
renders a final judgment and the convening authority and the CMCR review it. Further, petitioner failed to demonstrate a “clear and indisputable” right to the writ. Therefore, the court denied petitioner's petition for writ of mandamus and prohibition.
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