The D.C. Circuit will hear its second round of arguments in the case of Mukhtar Yahia Naji Al Warafi on September 21. Warafi is an interesting Guantanamo habeas case with an interesting and unique history. Judge Royce Lamberth first denied Makhtar Al-Warafi’s habeas petition some time back on grounds that he was part of Taliban forces and, while he claimed to be a medic, not exempt from detention under the First Geneva Convention. The D.C. Circuit affirmed Warafi’s Taliban affiliation but remanded the case for clearer findings concerning whether Al-Warafi in fact qualified as full-time medical personnel (and therefore exempt from detention) or only served “as needed” as a medic (and would therefore be lawfully detained). Judge Lamberth then ruled on remand that Warafi did not qualify, and the case now finds itself back before the D.C. Circuit.
Lawfare‘s prior extensive coverage of the case is available here.
We will, of course, have more coverage as the argument draws nearer.