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Government's Supplement Brief in Hamdan on Mootness

Raffaela Wakeman
Monday, June 25, 2012, 5:31 PM

The government has filed its supplemental brief in Hamdan on the question of whether the case is moot. We shared a few weeks back Hamdan's supplemental brief on the issue. As Wells explained in that post, the three-judge panel in the D.C. Circuit was interested in hearing whether the fact that Hamdan has been released renders the case moot.

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The government has filed its supplemental brief in Hamdan on the question of whether the case is moot. We shared a few weeks back Hamdan's supplemental brief on the issue. As Wells explained in that post, the three-judge panel in the D.C. Circuit was interested in hearing whether the fact that Hamdan has been released renders the case moot.

The government summarizes its argument that Hamdan's appeal is not moot as follows:

A. A Direct Appeal of a Criminal Conviction Does Not Become Moot Unless the Government Can Establish That There Is No Possibility That Any Collateral Legal Consequences Could Be Imposed on the Basis of the Challenged Conviction.

B. The Sibron Presumption Applies Here.

C. The Government Cannot Rebut the Sibron Presumption in This Case.

Read our previous coverage of the oral arguments here (Wells') and here (Steve's).

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Armed Conflict Courts & Litigation Criminal Justice & the Rule of Law Foreign Relations & International Law Terrorism & Extremism
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Raffaela Wakeman

Raffaela Wakeman

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Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT. Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.

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