Doe v. Mattis

Latest in Doe v. Mattis

Documents

D.C. Circuit Releases Unredacted Doe v. Mattis Opinion

On Friday, the U.S. Court of Appeals for the D.C. Circuit released an unredacted version of its ruling in the case of Doe v. Mattis. The redacted version was released on May 9, 2018 and is available here. The unredacted opinion, which was released pursuant to a motion from New York Times reporter Charlie Savage, is available here and below.

Detention

Doe v. Mattis and the Right of Citizens to Return to the United States

A joint status report is expected Monday in Doe v. Mattis, in which the United States and the ACLU are locked in legal battle over the fate of an unnamed U.S.-Saudi dual citizen whom the U.S. alleges to be an enemy combatant captured in Syria. The case presents lots of interesting legal issues, many of which Bobby Chesney and Steve Vladeck have covered with their usual insight and attention to detail (available here).

Podcasts

The National Security Law Podcast: The Road to 10,000

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)

Detention

Document: Pentagon Inadvertently Recorded Phone Calls Between John Doe and Attorneys

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.

Detention

The D.C. Circuit Affirms in Doe v. Mattis: No Transfer of a U.S. Citizen Detainee to Saudi Custody

On Monday, we learned that a divided panel of the U.S. Court of Appeals for the D.C. Circuit has sided with the ACLU on the question whether the U.S. government can involuntarily transfer John Doe, a dual U.S.-Saudi citizen whom U.S. forces have held as an enemy combatant in Iraq since last September.

Detention

Oral Argument Summary: Doe v. Mattis, Round Two

There was a strange sense of deja vu this morning at the E. Barrett Prettyman Federal Courthouse. 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; Doe continues to litigate his underlying habeas claim in district court.

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