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The Latest—and Perhaps Last—Twist in Doe v. Mattis

The Doe v. Mattis saga has taken a significant turn, as the U.S. government continues to attempt to rid itself of the dual U.S.-Saudi citizen it has held in military custody in Iraq since last September (following his capture in Syria by the Syrian Democratic Forces): In a filing late this afternoon in the D.C.

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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.

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The Four Problems With Judge Henderson’s Dissent in Doe v. Mattis

There’s plenty to chew on in the 79 pages of opinions from the D.C. Circuit in Doe v. Mattis—in which a divided panel affirmed a district court injunction blocking the transfer of a U.S. citizen captured in Syria and held in Iraq as an “enemy combatant” to “Country A” (which is likely Iraq) or “Country B” (which is definitely Saudi Arabia).

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Document: Judge Hogan Denies Habeas in Qassim v. Trump

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:

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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.

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