Congress
The D.C. Circuit Got History Wrong in its McGahn Decision
Jonathan Shaub Thu, Sep 3, 2020, 10:10 AM
The majority fails to consider the relevant history of congressional oversight of the executive branch.
Latest in D.C. Circuit
D.C. Circuit
D.C. Circuit Panel Rules Against House in McGahn Case
Elliot Setzer Mon, Aug 31, 2020, 2:48 PM
A divided panel on the U.S. Court of Appeals for the D.C. Circuit decided on Aug. 31 that the House of Representatives' lawsuit to enforce their subpoena against former White House counsel Don McGahn must be dismissed.
D.C. Circuit
Summary: En Banc D.C. Circuit Rules that House Committee has Standing to Sue to Enforce McGahn Subpoena
Rachel Bercovitz, Charlotte Butash Thu, Aug 13, 2020, 1:44 PM
On August 7, the U.S. Court of Appeals for the District of Columbia Circuit, sitting en banc, decided Committee on the Judiciary v. McGahn. What’s in the ruling?
D.C. Circuit
House of Representatives Can Subpoena McGahn, En Banc DC Circuit Rules
Elliot Setzer Fri, Aug 7, 2020, 10:47 AM
On Friday the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, found that the House Judiciary Committee has standing to bring a lawsuit to enforce their subpoena against former White House counsel Don McGahn.
The Russia Connection
Judge Sullivan Submits Brief to D.C. Circuit on Flynn Case
Elliot Setzer Mon, Jun 1, 2020, 4:42 PM
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
Mikhaila Fogel Wed, Nov 13, 2019, 7:26 PM
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
OPM data breach
Recent Decision: D.C. Circuit Rules That OPM Breach Victims Have Standing to Sue
Nathaniel Sobel Fri, Sep 27, 2019, 10:27 AM
With data breach incidents on the rise, federal courts are grappling with the issue of standing in class action lawsuits arising from data breaches.
D.C. Circuit
Document: Petition for En Banc Rehearing in McKeever v. Barr
Mikhaila Fogel Thu, May 9, 2019, 5:26 PM
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
Jacques Singer-Emery Fri, Feb 1, 2019, 9:29 AM
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.
Military Commissions
The D.C. Circuit’s Passive-Aggressive Approach to Military Commission Mandamus
Steve Vladeck Mon, Jul 31, 2017, 10:30 AM
This Wednesday at 9:30 a.m., a three-judge panel of the D.C. Circuit (Rogers, Tatel and Griffith, JJ.) will hold a rare August argument session to hear the latest petition for a writ of mandamus from the Guantánamo military commissions.