DC Circuit

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Lawfare No Bull

Lawfare No Bull: D.C. Circuit Hears Arguments in Blassingame v. Trump

Today on Lawfare No Bull: On Dec. 7, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Blassigame v. Trump, regarding whether former President Donald Trump should receive absolute civil immunity for allegations related to his Jan. 6, 2021 “Save America” rally and his conduct surrounding the subsequent attack on the Capitol. Trump appealed the D.C. district court’s February ruling on this issue, which did not grant him immunity.


D.C. Circuit Rules That Public Health Law Empowers Government to Expel Asylum-Seekers—But Not to Countries Where They Face Persecution or Torture

The U.S. Court of Appeals for the District of Columbia Circuit recently ruled in a challenge to a policy of expelling asylum-seekers at the border during the coronavirus pandemic, offering partial victories both to the government and to those challenging the measure.

Anti-Terrorism Act

D.C. Circuit Court Reverses District Court Ruling in Anti-Terrorism Act Case

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s dismissal of a lawsuit over whether medical supply and manufacturing companies can be held liable under the federal Anti-Terrorism Act for deliveries of drugs and medical supplies in Iraq.

The Russia Connection

Justice Department Submits Brief to Appeals Court in Flynn Case

The Justice Department on Monday, June 1 filed a brief urging the Court of Appeals for the D.C. Circuit to force district court judge Emmet Sullivan to dismiss the prosecution of former national security adviser Michael Flynn. That move came after the Justice Department moved to drop a charge against Flynn, who previously pled guilty to lying to the FBI about his contacts with Russia’s ambassador, and Sullivan declined to immediately abandon the case.

The Russia Connection

Government Violated D.C. Local Rule in Concord Management Case, Court Finds

On July 1, the U.S. District Court for the District of Columbia issued a ruling in United States of America v. Concord Management & Consulting LLC (related to the Internet Research Agency case) limiting public statements about the case in the future. The court ruled that, because the Mueller Report released to the public information about the case not included in the original Internet Research Agency indictment, the government violated Local Criminal Rule 57.7(b).


DC Circuit Shoots Down Drone Regulations: Taylor v. Huerta

Early last year on Lawfare, Ashley discussed the 2015 Federal Aviation Administration (FAA) interim rule “establishing registration and marking requirements for small unmanned aircraft used recreationally—i.e., drones.” The post predicted that state and local laws as well as strong private forces all but guaranteed imminent litigation:

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