Armed Conflict Courts & Litigation Criminal Justice & the Rule of Law Terrorism & Extremism

No Preliminary Injunction for Al Hawsawi

Benjamin Wittes
Saturday, January 21, 2012, 7:04 AM
The D.C. Circuit has batted back Mustafa Ahmed Al Hawsawi's request for a preliminary injunction to stop the new mail search policy at Guantanamo Bay. A per curiam order by a panel consisting of Judges Merrick Garland, Janice Rogers Brown, and Judith Rogers says that:
Petitioner has not satisfied the stringent requirements for an injunction pending court review, including a showing of irreparable harm. . .

Published by The Lawfare Institute
in Cooperation With
Brookings

The D.C. Circuit has batted back Mustafa Ahmed Al Hawsawi's request for a preliminary injunction to stop the new mail search policy at Guantanamo Bay. A per curiam order by a panel consisting of Judges Merrick Garland, Janice Rogers Brown, and Judith Rogers says that:
Petitioner has not satisfied the stringent requirements for an injunction pending court review, including a showing of irreparable harm. . . . We note the declaration of the Staff Judge Advocate of Joint Task Force-Guantanamo that petitioner’s counsel has been and will continue to be permitted to meet with his client without requiring counsel to sign the acknowledgments contained in the Order Governing Written Communications Management and the Order Governing Logistics of Defense Counsel Access, and that the suspension of this requirement will continue until the court rules on the petition for writ of mandamus and writ of prohibition.
Earlier coverage available here and here. UPDATE: Here is the government's Surreply brief, which was filed on January 18.

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.

Subscribe to Lawfare