Briefs and Oral argument in the Moe Davis/CRS Lawsuit

Robert Chesney
Friday, November 11, 2011, 12:34 PM
Earlier this year, Judge Walton denied a pair of motions to dismiss in the civil suit filed by Moe Davis against the Librarian of Congress and the Director of the Congressional Research Service ("CRS").  Davis, who previously served as chief prosecutor in the military commissions system, had been employed by CRS as assistant director of the Foreign Affairs, Defense and Trade Division.  Davis alleges that he was fired from CRS because he published op-eds in the Wall Street Journal

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Earlier this year, Judge Walton denied a pair of motions to dismiss in the civil suit filed by Moe Davis against the Librarian of Congress and the Director of the Congressional Research Service ("CRS").  Davis, who previously served as chief prosecutor in the military commissions system, had been employed by CRS as assistant director of the Foreign Affairs, Defense and Trade Division.  Davis alleges that he was fired from CRS because he published op-eds in the Wall Street Journal and the Washington Post expressing his views on military commissions and GTMO, and sued on the ground that this violated his First and Fifth Amendment rights.   Judge Walton's decision is now on appeal, and the briefs are available here (appellant's brief), here (appellee's brief), and here (reply brief).  Oral argument occurred yesterday before Chief Judge Sentelle and Judges Rogers and Henderson.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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