Mohammed v. Obama (D.C. Cir. July 8, 2010)

* Mohammed v. Obama, no. 10-5218 (D.C. Cir. July 8, 2010) (sealed summary reversal of sealed district court order)

I previously noted litigation concerning whether the government may repatriate GTMO detainee Farhi Mohammed to Algeria despite Mohammed’s fear he will be tortured there. Most of the action thusfar has been under seal. Last week, on the 8th, a divided Circuit panel sided with the government in summarily reversing a district court order that itself remains sealed. It is not clear if the district court’s action had restrained the transfer in some way, or if instead the disagreement concerns the power of the district court to oblige State Department officials to testify about the diplomatic negotiations relating to the transfer. In any event, there may be a public version of the reversal opinion (Griffith, Kavanaugh), and the accompanying partial dissent (Tatel).

Here’s what the docket report has to say in the meantime:

Subject: 10-5218 Farhi Mohammed, et al v. Barack Obama, et al "Per Curiam Order Filed (Special Panel)"

United States Court of Appeals for DC Circuit

Notice of Docket Activity

The following transaction was entered on 07/08/2010 at 8:21:39 PM EDT and filed on 07/08/2010

Case Name: Farhi Mohammed, et al v. Barack Obama, et al

Case Number: 10-5218

Docket Text:

(UNDER SEAL) PER CURIAM ORDER filed [1254155] granting motion for summary reversal with Judge Tatel dissenting in part in a separate statement. [1252744-2]. Before Judges: Tatel, Griffith and Kavanaugh. [10-5218]

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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