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DOJ to SDNY: Stay Hedges Pending Appeal. SDNY: Nope.

Wells Bennett
Saturday, September 15, 2012, 6:22 PM
That's the read out from yesterday, in the Hedges case. Here's the government's interim request to Judge Forrest, to stay her permanent injunction during the government's appeal to the Second Circuit.

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That's the read out from yesterday, in the Hedges case. Here's the government's interim request to Judge Forrest, to stay her permanent injunction during the government's appeal to the Second Circuit.  And here's the district court's terse rejection of that request --- which, like the government's motion, was filed Friday. UPDATE (Monday 9/17): here's the government's letter to the Second Circuit, which notes the district court's denial and the government's intention to seek a stay from the court of appeals.  According to the letter, the district court's "injunction  squarely  implicates  the  government’s  war  powers  in  an  ongoing armed conflict overseas."  The letter also notes the Justice Department's plan to file its stay request first thing this morning.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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