Ali v. Trump

And in en banc news, the D.C. Circuit will not skip straight to en banc consideration of whether the procedural protections of the Fifth Amendment’s Due Process Clause apply to a Gitmo detainee. Rather, a three-judge panel will get first crack at the case. But, writes Judge Tatel (concurring), the question is one that demands “careful consideration.” “The detentions at Guantanamo Bay, which the government tells us may last at least until the hostilities authorized in 2001 abate, are lengthening into decades, with no end in sight.”

Tags: 2019, D.C. Circuit, Due Process, En Banc, Fifth Amendment, Judge Tatel

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