Khairkhwa Oral Argument in DC Circuit Tomorrow

A reminder that tomorrow morning will see argument before the D.C. Circuit in the case of Khairkhwa v. Obama.  In short, the case concerns a Taliban functionary who claims to have played a civilian---not at all military---role. (Background is here and here.)  Lawfare will be in the house, as always. One interesting procedural tidbit:  you''ll recall that the petitioner earlier had asked a three-judge panel of the court of appeals (Circuit Judges Rogers and Garland, and Senior Circuit Judge Randolph) to decide the case on the written submissions only---that is, not to have any oral argument at all.  (The government shrugged its shoulders, and took no position on the motion.)  Well, the panel denied Khairkwa's request to dispense with argument, and thus effectively insisted on tomorrow's  session. That could mean any number of things.  At a minimum, it signals that the court has taken an interest in something about Khairkwa's case ...