Court sets Dec. 5 for new arguments in Russian Taliban case

By

The Associated Press

This photo provided by the U.S. Government shown during a trial shows a photo of Irek Hamidullin surrendering after being wounded by U.S. forces in Afghanistan on Nov. 29, 2009. Hamidullin is charged with 15 counts, including providing material support to terrorism and trying to destroy U.S. military aircraft. Closing arguments for his trial is set for Friday, Aug. 7, 2015 in Richmond, Va. The case is an example of the effort by President Barack Obama’s administration to show it can use the criminal court system to deal with terror suspects, a move criticized by some who believe such cases should be handled by military tribunals. (U.S. Government via AP)

RICHMOND, Va. — A federal appeals court has scheduled arguments for Dec. 5 in the case of a former Russian military officer sentenced to life in prison for leading a 2009 Taliban attack on U.S. forces in Afghanistan.

Lawyers for Irek Hamidullin have argued that he shouldn’t have faced trial because he is a lawful combatant. Prosecutors, however, say fighters aligned with the Taliban don’t qualify for lawful-combatant status.

The 4th U.S. Circuit Court of Appeals heard arguments in December 2016. But in August, the court said it wanted to hear additional arguments after one of the judges announced he was stepping down to serve as Baltimore’s city solicitor.