DOJ Comes To Its Senses; Drops Guantanamo MOU Appeal
About six weeks ago, I flagged the (in my view, alarming) filing by the government of a notice of appeal to the D.C. Circuit in the Guantanamo MOU/continuing access-to-counsel litigation.
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About six weeks ago, I flagged the (in my view, alarming) filing by the government of a notice of appeal to the D.C. Circuit in the Guantanamo MOU/continuing access-to-counsel litigation. Late last night, the government filed this unopposed motion to dismiss the appeal, which, barring something very strange, will almost certainly be granted by the D.C. Circuit sooner rather than later, leaving Chief Judge Lamberth's September 6 ruling as the final word on the subject. Needless to say, I think this is a laudable development--albeit not one that should have taken as much time as it did...
Steve Vladeck is a professor of law at the University of Texas School of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law & Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks.
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