Don’t Hold Your Breath for Kandari
I was going to write an oral argument preview this week for the D.C. Circuit’s coming oral argument in the case of Fayiz Mohammed Ahmed Al Kandari, the next Guantanamo habeas petitioner to come before the court. But, well, there’s not going to be an argument in Kandari. Why? The D.C. Circuit last week, on its own motion, has cancelled oral arguments in the case, which were to take place on Friday, on grounds that they “will not assist the court in this case.” Kandari, you might recall, lost his district court case before Judge Colleen Kollar Kotelly. His prospects on appeal never looked bright. But they just got a lot darker.
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