More than 600 Islamic State fighters from a variety of countries are being held by SDF in Syria, but no one thinks this situation can last. Frantic diplomatic negotiations have borne little fruit so far, and it appears a two-pronged stopgap solution may be in the works. Buckle up.
Latest in detention
The government is trying to release Doe in Syria.
On Monday, Khalid Ahmed Qassim filed a motion for en banc review of Judge Thomas Hogan’s May 10 denial of a petition for habeas relief.
The dissent in the D.C. Circuit’s ruling in Doe suffers from a self-defeating logical error.
On Tuesday, Judge Thomas Hogan of the U.S. District Court for the District of Columbia denied Khalid Ahmed Qassim’s petition for a writ of habeas corpus. Russell Spivak summarized the joint status report, motion in limine, and a prehearing brief filed in the case for Lawfare in March. Read Hogan’s one-page judgment below:
Revisiting the Prosecution Option in Doe v. Mattis: Is the Real Aim Here to Secure a Citizenship Waiver?
Prosecuting John Doe seemed unviable at first. Things may be different now.
What to make of the court's split decision.
When the D.C. Circuit hears oral argument in Doe v. Mattis this Friday morning, the central question before it is whether John Doe’s unusual circumstances fall within the scope of the Supreme Court’s 1936 Valentine decision or, instead, its 2008 Munaf decision.
On April 19, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued an opinion in Doe v. Mattis on the government's proposed transfer of John Doe. The court unsealed the opinion on Monday:
Enjoining the Transfer of a US-Saudi Citizen to Saudi Arabia: A Doe v. Mattis Update and Initial Preview
Can the U.S. government transfer a dual U.S.-Saudi citizen, without his consent, from U.S. military custody in Iraq to Saudi custody in Saudi Arabia?