Next Tuesday, November 9th, the Court of Appeals for the D.C. Circuit will hear oral argument in Hatim v. Obama, a habeas merits appeal brought by the government. The court announced today that argument will “proceed first in open session, followed, if necessary, by a classified session closed to the public.” As in Al Alwi, to be argued this week, the order reflects the government’s position; the petitioner preferred the argument be conducted entirely in closed session. The appeal is before Judges Karen LeCraft Henderson, A. Raymond Randolph, and Stephen Williams. Brian E. Foster will be arguing for petitioner Hatim, and Sharon Swingle will argue for the government.
We will soon post a summary of the arguments on appeal.