Circuit Court recalls detainee cases mandates
on Jul 27, 2007 at 11:07 am
The D.C. Circuit Court has put a stop to any further efforts to dismiss Guantanamo Bay detainees’ habeas cases in federal District Courts in Washington, recalling the mandates that would implement its Feb. 20 decision nullifying all detainee habeas rights. The mandates had been issued June 27 in the two cases that the Supreme Court has now agreed to hear at its next Term — Boumediene v. Bush (Circuit docket 05-5062, Supreme Court docket 06-1195) and Al Odah v. U.S. (Circuit 05-5064, Supreme Court 06-1196).
At the request of detainees’ lawyers, and over the opposition of the Justice Department, the Circuit Court by a 2-1 vote issued parallel orders on Thursday recalling both mandates and directing that the mandates be returned to it by the District Court’s clerk. That had the practical effect of putting all habeas cases that have not yet been dismissed on hold, presumably as long as the Supreme Court review process takes. Circuit Judge David B. Sentelle indicated he would have denied the motion to recall. Voting for the motion were Circuit Judges Judith W. Rogers and Thomas B. Griffith.
The orders can be found here and here.
Two days after the Circuit Court had issued the mandates in the two packets of cases, the Supreme Court, in a surprise move, changed its mind and agreed to review the Circuit Court decision. That led detainees counsel to ask the Circuit Court to pull back its orders, leading to Thursday’s response.
The ripple effects of the Supreme Court’s June 29 grant have continued through lower courts. Two District Court judges had turned down Justice Department requests to dismiss cases before them, and the D.C. Circuit put on hold any further action in a war crimes commission case, Hamdan v. Gates (which is also pending now in the Supreme Court). UPDATE Friday p.m. A third District Court judge, Paul L. Friedman, on Friday denied “without prejudice” the government’s motions to dismiss in several habeas cases before him, citing the Supreme Court’s grant of review in Boumediene and Al Odah.
With the Supreme Court scheduled to take up the basic question of legal rights for detainees at its Term starting Oct. 1, the government’s attempt to get the benefit of Congress’ court-stripping provisions in the Military Commissions Act of 2006 has been stalled, likely for several months.
The only Guantanamo detainee cases moving forward now in lower courts are the D.C. Circuit’s review of the military orders finding prisoners to be “enemy combatants,” leading to their continued detention at the U.S. military prison at the U.S. naval base in Cuba.
