ACLU v. Mattis

Latest in ACLU v. Mattis

Detention

Document: Judge Orders Government Not to Transfer Detainee in Doe v. Mattis

Judge Tanya Chutkan of the D.C. federal district court issued an ordered in Doe v. Mattis on Jan. 18. Chutkan ordered the government not to transfer John Doe until Jan. 23, when the order suggests that the court will have ruled on Doe's pending motion for continued interim relief. The full order is included below:

Detention

Document: District Court Memorandum Opinion in ACLU v. Mattis

Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued the following Memorandum Opinion in ACLU v. Mattis that, among other things, denies the Defense Department's motion to dismiss and orders the Defense Department to "allow the ACLUF immediate and unmonitored access to the detainee for the sole purpose of determining whether the detainee wishes for the ACLUF to continue this action on his behalf."

 

 

Detention: Non-Guantanamo Habeas Litigation

ACLU v. Mattis and the Citizen Enemy Combatant in Hamdi v. Rumsfeld

If ACLU v. Mattis eventually reaches the underlying merits, the court will need to wrestle with the historical backdrop that informed ratification of the Suspension Clause and its operation through much of American history along with difficult questions going to the extraterritorial application of the United States Constitution.

 
detention

Documents: Government Response to Court Order in ACLU v. Mattis and Response Briefs

On Nov. 30, the Justice Department responded to D.C. District Court Judge Tanya Chutkan's order in ACLU v. Mattis for the government to say whether the unnamed American citizen detainee being held as an enemy combatant had requested counsel and whether he invoked his right to habeas corpus. The ACLU then filed a reponse brief. On Dec. 1, the Justice Department filed a response opposing the ACLU's brief. All three documents are below. 

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