Update: The DC Circuit has ordered the government to respond to the petition and emergency motion for stay of proceedings by this Tuesday, Sept 15, at noon.

Accused 9/11 terror participant Ramzi Bin al Shibh (aka Ramzi Binalshibh), one of the detainees facing a trial by military tribunal at Guantanamo, has filed a Petition for Writ of Mandamus in the D.C. Circuit Court of Appeals to stop the proceeding. He is represented by two JAG Corps attorneys in the Military Commissions' Office of the Chief Defense Counsel, CDR Suzanne Lachelier, USNR, and LCDR Richard Federico, USN. The John Adams Project, a collaborative effort of the ACLU and National Association of Criminal Defense Lawyers (NACDL) has been assisting. According to NACDL,:

The petition for extraordinary relief filed today asks the Court of Appeals for the D.C. Circuit to enjoin the prosecution of five high value detainees, consistent with President Barack Obama’s Executive Order of January 22, 2009. Defense attorneys are asking the court to assert jurisdiction over the commissions and compel a stop to all proceedings on the grounds that the commissions are unconstitutional and continue to operate without regard for the rule of law. The attorneys hope to shed light on the lawlessness of the military tribunal and force the Obama administration to formally charge the defendants in federal court.

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