DOJ to SDNY: Stay Hedges Pending Appeal. SDNY: Nope.
That’s the read out from yesterday, in the Hedges case.
Here’s the government’s interim request to Judge Forrest, to stay her permanent injunction during the government’s appeal to the Second Circuit. And here’s the district court’s terse rejection of that request — which, like the government’s motion, was filed Friday.
UPDATE (Monday 9/17): here’s the government’s letter to the Second Circuit, which notes the district court’s denial and the government’s intention to seek a stay from the court of appeals. According to the letter, the district court’s ”injunction squarely implicates the government’s war powers in an ongoing armed conflict overseas.” The letter also notes the Justice Department’s plan to file its stay request first thing this morning.
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