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Just emerged from public portion of hearing on John Doe US citizen ISIS suspect enemy combatant. Based on questioning, Judge Chutkin seems likely to issue injunction blocking his transfer to (presumably) Saudi Arabia, kicking issue to DC Circuit. nyti.ms/2qGjDk6On twitter.com
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Notably, Judge Chutkin said John Doe has no right to make US govt bring him to US soil. If he were to win his habeas case, I guess US would just open his cell door & let him walk out. Presumably Iraqi police then immediately re-arrest him, leading to...? nytimes.com/2018/04/17/world/middleeast/iraq-isis-trials.htmlPermalink On twitter.com
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D'oh -- It's Judge *Chutkan*, of course, not Chutkin.Permalink On twitter.com
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As expected Judge Chutkan issued an injunction blocking John Doe's transfer. DOJ, also anticipating this, asked for an injunction, not a temporary restraining order, so that it would be clear they could appeal. See you in the DC Circuit. pacer-documents.s3.amazonaws.com/36/189964/04516534660.pdfPermalink On twitter.com
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Here's the now-unsealed opinion by Judge Chutkam granting the US citizen ISIS enemy combatant detainee's preliminary injunction against involuntary transfer to another country's custody (presumably Saudi Arabia) documentcloud.org/documents/4444480-Doe-v-Mattis-opinion-granted-preliminary.htmlPermalink On twitter.com
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