pressure the judges, and ordered that the case be abated until the regulation was rescinded.833 While the Department of Defense revoked the contentious rule less than 24 hours later, the judge in the Al-Nashiri case then dismissed the Convening Authority and four of his legal assistants from that case, as well as cancelled half of a two-week hearing scheduled soon after, to reportedly demonstrate that he was not pressured to accelerate the pace of litigation.834 In the wake of this decision, the then-Convening Authority resigned.835 ODIHR considers that these rulings help mitigating some of its concerns regarding the lack of structural independence of military commission judges. 352. The selection by the Convening Authority of military officers on active duty to serve as jurors in the trial of individuals labelled as their enemy (especially when these officers have been on active duty continuously since 9/11 and served during the “global war against terrorism”) has also casted doubts on their independence and impartiality, or appearance thereof.836 Doubts as to members’ independence may also arise in the absence of specific prohibition against the selection of two or more members who fall within the same direct chain of command.837 More junior jurors may be influenced in their consideration of the facts, despite any formal advice to the contrary.838 353. Furthermore, ODIHR is troubled by public statements of high-level officials of both the Bush and Obama administrations and of influential elected politicians who, on multiple occasions since 2001, used “prejudicial and inflammatory”839 language such as “thugs”, “murderers”, “terrorists”, and “the worst of the worst” to refer to the accused and infer their guilt.840 Such statements, combined with issues related to the military commission’s 833 United States Military Commission, United States of America v. Mohammad et al., AE 343C, ibid., pp. 9-10. See, for example, Carol Rosenberg, “War court judge orders Pentagon to replace USS Cole trial overseer”, Miami Herald website, 2 March 2015, <http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article11915561.html>; “Al-Nashiri Judge Orders to Replace Guantanamo Military Commission Convening Authority and Staff”, Human Rights First website, 3 March 2015, <http://www.humanrightsfirst.org/blog/al-nashiri-judge-orders-replace-guantanamo-militarycommission-convening-authority-and-staff>. 835 Carol Rosenberg, “Guantánamo war court overseer quits”, Miami Herald website, 18 March 2015, <http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article15262808.html>. 836 ODIHR interview with Human Rights Watch, op. cit., note 821. 837 UN Special Rapporteur on human rights and counter-terrorism, Report to the Human Rights Council, A/HRC/6/17/Add.3, op. cit., note 22, para. 24. It should be noted that in meetings with ODIHR, US representatives indicated that the fact that two jurors are in the same direct chain of command would be a cause of challenge in the voir dire process. ODIHR nevertheless remains concerned that this possibility is not prevented under the current statutes. 838 UN Special Rapporteur on human rights and counter-terrorism, Report to the Human Rights Council, A/HRC/6/17/Add.3, ibid. 839 United States Military Commission, United States of America v. Al-Nashiri, AE 197, “Defense Motion to Dismiss for Unlawful Influence”, 24 December 2013, p. 1. 840 Ibid., pp. 2-29. Relevant statements include: United States Press Secretary Ari Fleischer, “Press Briefing by Ari Fleischer”, The American Presidency Project website, 23 January 2002, <http://www.presidency.ucsb.edu/ws/index.php?pid=61624#axzzluTJirNbs>: “The President also understands that the people who are detained there are detained because, for the most part they're all al Qaeda, and if they were free they would engage in murder once again. These are not mere innocents. These are among the worst of the worst”; United States Press Secretary Ari Fleischer, “Statement by the Press Secretary”, The White House website, 1 March 2003, <http://georgewbushwhitehouse.archives.gov/news/releases/2003/03/20030301-1.html>: “Khalid Shaikh Mohammed is one of Usama Bin Laden's most senior and significant lieutenants, a key Al Qaida planner and the mastermind of the September 11th attacks”; Deputy National Security Advisor for Combating Terrorism Juan Zarate, “Ask the White House”, The White House website, 5 September 2006, <http://georgewbush-whitehouse.archives.gov/ask/20060905.html>: “That has led to the capture of two of the masterminds of the Cole - Nashiri and Khallad bin Attash - who were senior lieutenants for al Qaida”; United States President George W. Bush, “President Bush Discusses Progress in the Global War on Terror”, The White House website, 7 September 2006, <http://georgewbush-whitehouse.archives.gov/news/releases/2006/09/20060907-2.html>: “I authorized his transfer to Guantanamo Bay - and the sooner the Congress authorizes the military commissions I have called for, the sooner Khalid Sheikh 834 153