D.C. Circuit: No Postponement in Al Janko v. Gates, Either
Just as it did in Aamer v. Obama, the Department of Justice filed a motion for postponement in Al Janko v. Gates, another Guantanamo-related appeal before the D.C. Circuit.
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Just as it did in Aamer v. Obama, the Department of Justice filed a motion for postponement in Al Janko v. Gates, another Guantanamo-related appeal before the D.C. Circuit. In both cases, the government's reason was the so-called "lapse in appropriations," sterile bureaucratese for "government shutdown;" in both cases, habeas counsel opposed the motion.
Same posture, same outcome. The D.C. Circuit had batted away the United States' delay request, in Aamer. Ditto today, when the D.C. Circuit likewise rejected the government's motion in Al-Janko, a damages action brought by a former Guantanamo detainee against former government officials in their individual capacities. From the ruling:
Upon consideration of appellees’ motion to postpone oral argument in light of lapse of appropriations, it is ORDERED that the motion be denied. This case remains scheduled for oral argument on October 22, 2013.The lights may be off in the courtroom, the court security team might be smaller, but Circuit Judges Henderson, Rogers and Tatel will be ready to hear arguments as scheduled. DoJ better show up, too. (Reminder: We at Lawfare are tracking the impact of the government shutdown on national security matters.)
Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT.
Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.
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