D.C. Circuit

Latest in D.C. Circuit

The Russia Connection

Judge Sullivan Submits Brief to D.C. Circuit on Flynn Case

On June 1, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia submitted a brief to the U.S. Court of Appeals for the D.C. Circuit outlining his rationale for declining to immediately dismiss the case against former national security adviser Michael Flynn after the Justice Department moved to drop their charges. A panel of judges on the D.C. Circuit had ordered Sullivan on May 21 to respond to an emergency request by Flynn that the appeals court force him to drop the case.

Executive Power

D.C. Circuit Court Denies Trump Rehearing in Mazars Case

The U.S. Court of Appeals for the D.C. Circuit has denied President Trump's petition for a rehearing en banc in Donald J. Trump v. Mazars, LLP et al. The order was issued per curiam with Judges Karen Henderson, Gregory Katsas and Neomi Rao dissenting. The court also denied a motion for a panel rehearing. Both orders can be view below.

Denial of Rehearing En Banc

D.C. Circuit

Document: Petition for En Banc Rehearing in McKeever v. Barr

Stuart McKeever has petitioned the U.S. Court of Appeals for the D.C. Circuit for a rehearing en banc in McKeever v. Barr, concerning the judiciary's inherent authority to release grand jury material. A D.C. Circuit panel ruled against McKeever in early April, finding that courts do not have such authority. The petition is available here and below.

 

Military Commissions

Oral Argument Summary: In re: Abd Al-Rahim Hussein Al-Nashiri

On Jan. 22, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in In re: Abd Al-Rahim Hussein Al-Nashiri. Judges Judith Rogers, David Tatel and Thomas Griffith reviewed Abd Al Rahim Hussein Al-Nashiri’s (“Al-Nashiri”) request for a writ of mandamus and prohibition directing the vacatur of the orders convening the military commission which tried him.

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