D.C. Circuit

Latest in D.C. Circuit

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

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.

Targeted Killing: Drones

US Court of Appeals for the DC Circuit Dismisses Suit Over US Drone Strike

The U.S. Court of Appeals for the D.C. Circuit today handed down an opinion dismissing a suit filed by the family members of individuals reportedly killed in a U.S. drone strike in Yemen in 2012, which the plaintiffs allege was conducted in violation of domestic and international law. Though the court dismissed the case as presenting a non-justiciable political question, Judge Janice Rogers Brown's concurrence presents a strong criticism of the existing oversight regime for targeted killing.

The opinion is available in full below.

Donald Trump

Brief for Captain Nathan Smith's Challenge to Presidential War-making

Here is the brief for Captain Smith that was filed yesterday afternoon in the Court of Appeals for the District of Columbia, along with the joint appendix. The case will be ready for argument later this spring. The brief represents a great deal of new research into the fundamental issues by David Remes, myself and a team of Yale law students.

Military Commissions

Al Bahlul Responds to United States' Petition for En Banc Review

The brief was submitted to the D.C. Circuit yesterday, by the Guantanamo detainee's lawyers. We thus await decision from the appeals court as to whether it will order en banc rehearing in this long-running military commissions case.

It almost certainly won't, in my view—but we'll see soon enough.

Terrorism Trials: Military Commissions

An Overview of the DC Circuit’s Opinion in Al Bahlul v. United States

On June 12, a three-judge panel of the D.C. Circuit handed down its decision in the most recent iteration of Al Bahlul v. United States, vacating defendant Ali Hamza Suliman al Bahlul’s conviction for inchoate conspiracy. Al Bahlul’s other convictions had previously been vacated by the D.C.

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