Mohammed v. Obama (D.C. Cir. July 8, 2010)

* Mohammed v. Obama, no. 10-5218 (D.C. Cir. July 8, 2010) (sealed summary reversal of sealed district court order)

I previously noted litigation concerning whether the government may repatriate GTMO detainee Farhi Mohammed to Algeria despite Mohammed’s fear he will be tortured there. Most of the action thusfar has been under seal. Last week, on the 8th, a divided Circuit panel sided with the government in summarily reversing a district court order that itself remains sealed. It is not clear if the district court’s action had restrained the transfer in some way, or if instead the disagreement concerns the power of the district court to oblige State Department officials to testify about the diplomatic negotiations relating to the transfer. In any event, there may be a public version of the reversal opinion (Griffith, Kavanaugh), and the accompanying partial dissent (Tatel).

Here’s what the docket report has to say in the meantime:

Subject: 10-5218 Farhi Mohammed, et al v. Barack Obama, et al "Per Curiam Order Filed (Special Panel)"

United States Court of Appeals for DC Circuit

Notice of Docket Activity

The following transaction was entered on 07/08/2010 at 8:21:39 PM EDT and filed on 07/08/2010

Case Name: Farhi Mohammed, et al v. Barack Obama, et al

Case Number: 10-5218

Docket Text:

(UNDER SEAL) PER CURIAM ORDER filed [1254155] granting motion for summary reversal with Judge Tatel dissenting in part in a separate statement. [1252744-2]. Before Judges: Tatel, Griffith and Kavanaugh. [10-5218]

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