In re: Omar Khadr, No. 14-1227 (D.C. Cir. 2016)Annotate this Case
Petitioner moved for one of the three judges of the U.S. Court of Military Commission Review, Judge William B. Pollard III, to disqualify himself. Judge Pollard is a civilian who serves as a part-time judge on the court. He also maintains a private law practice. Petitioner contends that this arrangement is unlawful and requires Judge Pollard’s disqualification. Petitioner seeks a writ of mandamus ordering Judge Pollard's disqualification. Petitioner argued that Judge Pollard’s disqualification is compelled by the Rules of Practice of the U.S. Court of Military Commission Review; petitioner raises another related argument under the appearance of impartiality standard incorporated into the Rules of Practice; Judge Pollard must disqualify himself because the Judge’s part-time private practice of law violates 18 U.S.C. 203(a), a criminal statute; and Judge Pollard has violated 28 U.S.C. 454, which states that any justice or judge appointed under the authority of the United States who engages in the practice of law is guilty of a high misdemeanor. Although the court concluded that petitioner's arguments carry some force, he has not shown a "clear and indisputable" right to relief at this time. Therefore, the court denied the petition. The court noted that if the U.S. Court of Military Commission Review decides against petitioner in his pending appeal, he may renew his arguments about Judge Pollard on direct appeal to this court.