Oral Argument Summary: In re: Abd Al-Rahim Hussein Al-Nashiri

At the start of the argument, counsel for the petitioner, Michel Paradis (a Lawfare contributor), stated that Spath had violated at least four clear and indisputable rules of judicial conduct, any one of which would warrant the vacatur of the proceeding. First, Spath knowingly concealed facts that called his impartiality into question; second, he angled for a position in the Justice Department when it had a substantial interest in the case before him; third, he traded on the fact that he was the judge in Al-Nashiri’s case for his own personal gain; and fourth, he allowed his personal financial interests to influence how he handled the matter.

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Karen Greenberg