Instead, he said he chose to quit the case because “under the totality of the circumstances, the fact that the F.B.I. will likely have a significant role in this case raises the prospect that an average citizen could, knowing all of the facts, reasonably question my impartiality.”
The colonel also canceled the next hearing in the case, scheduled for Jan. 4 to 7, which was to address, in part, potential reconsideration of rulings by a previous judge who sought employment at the Justice Department while presiding in the case but had not disclosed it.
Defense lawyers in the case on Monday called on Colonel Zimmerman to quit and to vacate rulings he had made since being assigned to the case in September 2020. He rejected that portion of the request, saying he would still be paid by the Marine Corps while assigned to “any external agency” and did not seek employment at the F.B.I.
In 2014, when Mr. Hadi was arraigned, the case was expected to be one of Guantánamo’s more straightforward battlefield cases and go more swiftly to trial than the joint death-penalty trial of five men who are accused of plotting the Sept. 11 attacks. That case has been mired in pretrial proceedings for nearly a decade.
For starters, it is a noncapital prosecution, meaning the defense team for Mr. Hadi, who says his true name is Nashwan al Tamir, was entitled to fewer resources and possibly less evidence. In addition, the C.I.A. held him from his capture in Turkey in 2006 to his transfer to Guantánamo Bay in April 2007, a shorter time incommunicado than most of the prison’s other high-value detainees.
But the case still has no trial date and is in pretrial proceedings, in part because of health issues. All public hearings were postponed during the first 500 or so days of the pandemic. Colonel Zimmerman presided remotely in some classified sessions during that time, and he presided in his first public hearing at Guantánamo Bay in July.