Guantanamo Litigation: District Court

Judge Lamberth Orders SSCI Report Turned Over to the Court

By Benjamin Wittes
Thursday, December 29, 2016, 9:37 AM

The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court. Yesterday, Judge Royce Lamberth issued an order doing just that:

The giant committee report on CIA interrogation has been the subject of back and forth machinations as the committee under Republican control has sought to reclaim copies of the document, which was produced under Democratic control. This has sparked fear in human rights advocates, because in addition to being classified, the report is only ambiguously subject to FOIA, since it is technically a congressional document, not a document belonging to the various agencies that may have copies of it.

Watch for a D.C. Circuit appeal, as the government contends that Judge Lamberth lacks jurisdiction over the case.