The Government Responds to Al Warafi's Petition for En Banc Review

Earlier today, the government filed its response to Guantanamo detainee Mukhtar Yahia Naji al Warafi's petition for rehearing en banc before the D.C. Circuit. A panel affirmed al Warafi's detention in May. In his petition, Al Warafi argued that the D.C. Circuit panel's May decision conflicts with an earlier Circuit panel's opinion that "possession of an identity card and an armlet is not a prerequisite for obtaining the protections afforded to medical personnel" by the First Geneva Convention. He also maintained that the D.C. Circuit's finding impinged upon the Geneva Conventions' protections. Unsurprisingly, the government remains unconvinced, countering:

Al Warafi’s assertion that the panel’s decision conflicts with this Court’s earlier order remanding this case to the district court reflects a misreading of the panel’s decision as well as the earlier order. Moreover, this case does not meet the criteria for en banc review. First, the record here demonstrates that Al Warafi does not merit the special status the Geneva Convention establishes for certain medical personnel. That special status depends on those personnel and the armed forces to which they belong complying with certain duties, which Al Warafi did not and cannot show were met. Finally, in the effort to gain review by this full Court, Al Warafi distorts the panel’s decision, which in no way establishes a “sweeping” rule that prevents proper application of the Geneva Convention.

The government's response is the latest turn in a long and twisting road through the thicket of federal habeas litigation.