The Government Responds to [REDACTED]

Benjamin Wittes
Friday, January 6, 2012, 9:30 PM
The government today filed this Opposition to a Motion for a Preliminary Injunction in the D.C. Circuit in response to filings earlier by high-value Guantanamo detainee Mustafa Ahmed Al Hawsawi. What? You didn't know that Al Hawsawi had filed a motion for a preliminary injunction or sought a writ of mandamus from the D.C. Circuit concerning his communications with his lawyers? Neither did I, actually.

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The government today filed this Opposition to a Motion for a Preliminary Injunction in the D.C. Circuit in response to filings earlier by high-value Guantanamo detainee Mustafa Ahmed Al Hawsawi. What? You didn't know that Al Hawsawi had filed a motion for a preliminary injunction or sought a writ of mandamus from the D.C. Circuit concerning his communications with his lawyers? Neither did I, actually. And there's a reason for that: Indeed, I still can't post Hawsawi's filings, as they are not yet public. So at this stage, I can give you only the government's account of the issue in dispute. The government's brief opens:
Petitioner Mustafa Al Hawsawi filed a petition for writ of mandamus and prohibition, challenging two orders issued by the Commander of Joint Task Force Guantanamo on December 27, 2011. Those orders govern written communications between Guantanamo Bay detainees involved in military commissions and their counsel. By separate motion, petitioner requests a preliminary injunction enjoining the enforcement of the two orders pending resolution by this Court of his mandamus/prohibition petition. The government hereby opposes petitioner’s motion for a preliminary injunction. Petitioner has not established a substantial likelihood of success on his petition, which requires a showing that petitioner is clearly and indisputably entitled to relief. Indeed, this Court lacks jurisdiction over petitioner’s claim. In any event, petitioner’s mandamus/prohibition petition is without merit.
We will post Hawsawi's briefs as soon as they are available.

Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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