The government has filed its supplemental brief in Hamdan on the question of whether the case is moot. We shared a few weeks back Hamdan’s supplemental brief on the issue. As Wells explained in that post, the three-judge panel in the D.C. Circuit was interested in hearing whether the fact that Hamdan has been released renders the case moot.
The government summarizes its argument that Hamdan’s appeal is not moot as follows:
A. A Direct Appeal of a Criminal Conviction Does Not Become Moot Unless the Government Can Establish That There Is No Possibility That Any Collateral Legal Consequences Could Be Imposed on the Basis of the Challenged Conviction.
B. The Sibron Presumption Applies Here.
C. The Government Cannot Rebut the Sibron Presumption in This Case.