obaydullah v. obama (D.C. Cir. June 18, 2010)

* Obaydullah v. Obama (D.C. Cir. June 18, 2010)

A DC Circuit panel (Ginsburg, joined by Griffith and Williams) has reversed a district court determination that Obaydullah’s habeas petition should remain stayed pending military commission proceedings. The panel emphasizes that though charges were sworn against Obaydullah back in September 2008, the Convening Authority has not yet referred those charges for actual prosecution. At the end of the 10-page opinion, the panel notes that if the charges finally do get referred for prosecution, this might re-raise the question of whether the habeas court should abstain pending the outcome of that proceeding. The full opinion is posted here.

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