The New York Times reports that John Doe has been transferred to Bahrain. Here is a post-mortem on some of the legal and policy lessons learned.
Latest in Doe v. Mattis
Can his own government say no if a citizen captured as an enemy combatant abroad wants a passport?
The U.S. and the international community more broadly lack a strategy to bring to justice citizens who go abroad to fight with ISIS.
We’re back after a one-week layoff! No SCOTUS announcement yet, alas, but we do have this to offer:
1. Doe v. Mattis and the upcoming hearing on the government’s plan to release Doe in Syria
2. The military commissions and the retirement of Judge Spath
3. Over in the civilian court system, Uzair Paracha, convicted back in 2005, just won a motion for a new trial based on newly-discovered evidence (involving CSRT and other statements from GTMO detainees)
The government has filed a notice with the U.S. District Court for the District of Columbia in Doe v. Mattis, informing the court that phone calls between Doe and his attorneys were inadvertently recorded by the Defense Department. The department writes that the one Pentagon employee who heard the phone calls has not discussed the contents with anyone and has been instructed not to do so. The contents of the calls have been downloaded to a CD, which will be shared with the ACLU and subsequently destroyed. The filing is available in full below.
What to make of the court's split decision.
The U.S. Court of Appeals for the D.C. Circuit has released its opinion affirming the lower court's injunction on the U.S. military's planned transfer of John Doe, a U.S. citizen held in military custody in Iraq. The court ruled on Monday, but the opinion was previously under seal.
On Monday, we learned that a divided panel of the D.C. Circuit has sided with the ACLU on the question whether the U.S. government can involuntarily transfer a dual U.S.-Saudi citizen whom U.S. forces have held as an enemy combatant in Iraq since last September.
Three weeks after the U.S. Court of Appeals for the D.C. Circuit heard oral arguments over a preliminary injunction in Doe v. Mattis, the same panel returned to hear a second round of arguments over another preliminary injunction in the same case. And no, we still haven’t reached the merits.
Judge Tanya Chutkan of the U.S. District Court for the District of Columbia has issued a preliminary injunction enjoining the transfer of John Doe, an American citizen held in U.S. military custody in Iraq, to Saudi custody.