Bin ‘Atash v. United States

Whether, consistent with the standard for mandamus relief, it is clear and indisputable that an accused has not begun performance under Rule 705(d)(4)(B) of the Rules for Military Commissions when the accused and the government have signed a pretrial agreement, the accused has entered into a detailed stipulation of fact with the prosecution admitting to the basis behind the charges, and the accused has taken additional actions that the government itself treated as required by the agreement.