MILITARY COMMISSIONS TRIAL JUDICIARY
GUANTANAMO BAY, CUBA

UNITED STATES OF AMERICA

AE 395

v.

Government Certificate of
Notice of Appeal

ABD AL RAHIM HUSSAYN
MUHAMMAD AL NASHIRI

21 February 2018

Pursuant to 10 U.S.C. § 950d(e), Rules for Military Commissions 908(b)(2) and (3),
and Paragraph 25-5 of the Regulation for Trial by Military Commission, the government
hereby notifies the Military Commission it is appealing to the United States Court of Military
Commission Review the Commission’s verbal abatement ruling of Friday, 16 February 2018
at approximately 10:13 AM EST, which abated the military commission proceedings
indefinitely, affecting all charges and specifications. The government serves this Certificate
of Notice of Appeal on the Commission on 21 February 2018 at 8:00 AM EST. Trial
Counsel certifies that the government does not take this appeal for the purpose of delay.
Attachment
A. Certificate of Service, dated 21 February 2018.
Respectfully submitted,
__________//s//___________
Mark A. Miller
Trial Counsel
COL John B. Wells, JA, USA
Managing Assistant Trial Counsel
Maj Michael A. Pierson, USAF
Assistant Trial Counsel
Mark Martins
Chief Prosecutor
Military Commissions

 ATTACHMENT A

CERTIFICATE OF SERVICE

I certify that on the 21st day of February 2018, I filed AE 395, Government Certificate of
Notice of Appeal, with the Office of Military Commissions Trial Judiciary and a copy of the
foregoing was sent by electronic mail to Mr. Richard Kammen; Ms. Rosa Eliades; Ms. Mary
Spears; and LT Alaric Piette, USN, defense counsel for Abd Al Rahim Hussayn Muhammad Al
Nashiri.

//s//
Mark A. Miller
Trial Counsel
Office of the Chief Prosecutor
Office of Military Commissions

.