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Document: Judge Tatel Issues Extended Concurrence in D.C. Circuit’s Denial of En Banc Habeas Hearing

Matthew Kahn
Tuesday, August 14, 2018, 3:18 PM

On Tuesday, the U.S. Court of Appeals for the D.C. Circuit denied a motion for an initial en banc hearing in Qassim v. Trump. Judge David Tatel issued an extended concurrence, questioning the Circuit Court’s adherence to habeas precedent. The full order, with the concurrence, is below.

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On Tuesday, the U.S. Court of Appeals for the D.C. Circuit denied a motion for an initial en banc hearing in Qassim v. Trump. Judge David Tatel issued an extended concurrence, questioning the Circuit Court’s adherence to habeas precedent. The full order, with the concurrence, is below.


Matthew Kahn is a third-year law student at Harvard Law School and a contributor at Lawfare. Prior to law school, he worked for two years as an associate editor of Lawfare and as a junior researcher at the Brookings Institution. He graduated from Georgetown University in 2017.

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