Doe v. Mattis – Challenge to Detention of American by U.S. Military Abroad
What's at Stake
On October 5, 2017, the ϰſ Foundation filed a habeas corpus petition on behalf of a U.S. citizen unlawfully detained by the U.S. military in Iraq as an “enemy combatant” for allegedly being an ISIS fighter in Syria. He had been detained since approximately September 14 of that year. On October 28, 2018, following a series of losses in court, the Trump administration released him.
Summary
The habeas case, filed in federal district court in Washington, D.C., asked the court to find the citizen’s military detention unlawful and to rule that the only lawful basis to detain him is under properly filed federal criminal charges. It also asked the court to prohibit the government from transferring the citizen until it decides his case.
The military initially detained the citizen, John Doe, in secret, and fought for months to deny him access to counsel or a court. During the case, the government admitted that the American had asked for an attorney. On December 23, 2017, the judge rejected the government’s efforts to dismiss the case and ordered the government to provide the ϰſ with unmonitored access to the citizen. In early January 2018, ϰſ attorneys spoke with the American citizen via a court-ordered videoconference, and the citizen told the ϰſ he wanted to proceed with the habeas action with the ϰſ as his counsel.
In late January, the district court ordered the government to provide 72 hours’ notice before transferring him. The government appealed that decision. It also sought to forcibly transfer John Doe to a specific third country, which the district court also prohibited. Again, the government appealed. On May 7, the U.S. Court of Appeals for the D.C. Circuit affirmed both of the lower court’s decisions — requiring 72 hours’ notice before transfer, and blocking the government’s attempt to forcibly transfer John Doe to a specific third country.
On June 6, two weeks before a court hearing on the legality of John Doe’s detention, the government announced its intention to release him into Syria, the dangerous and war-torn country from which he fled.
The government’s plan to “release” an unlawfully-detained American citizen to a conflict zone violated the Defense Department’s legal obligations and policies and the Constitution’s guarantee of due process.
Following negotiations with the ϰſ, on October 29, 2018, under a confidential agreement the U.S. government released our client to an unnamed country.
This case shows the enduring importance of the courts in safeguarding the rights of Americans against government overreach.
Legal Documents
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04/08/2019
ϰſ's Redacted Motion to Unseal Filings -
11/07/2018
Order of Dismissal -
11/07/2018
Stipulation of Dismissal -
10/24/2018
Eighth Joint Status Report -
10/10/2018
Seventh Joint Status Report -
09/26/2018
Sixth Joint Status Report -
09/12/2018
Fifth Joint Status Report -
08/27/2018
Fourth Joint Status Report -
08/13/2018
Third Joint Status Report -
07/30/2018
Second Joint Status Report -
07/19/2018
First Joint Status Report -
07/13/2018
Notice of Filing Redacted Document -
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07/13/2018
Petitioner's [Redacted] Reply in Support of His Motion for PI
Petitioner's [Redacted] Reply in Support of His Motion for PIDate Filed: 07/13/2018
Court: District Court (D.D.C.)
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07/13/2018
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07/11/2018
Gov't Notice of Filing Redacted Document -
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07/11/2018
Redacted Gov't Opposition to Motion for Preliminary Injunction
Redacted Gov't Opposition to Motion for Preliminary InjunctionDate Filed: 07/11/2018
Court: District Court (D.D.C.)
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07/11/2018
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07/09/2018
Notice of Filing Redacted Document -
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07/09/2018
Redacted ϰſ Motion for Preliminary Injunction -
07/09/2018
Redacted ϰſ Memorandum in Support -
07/09/2018
Redacted Supplemental Declaration of Jonathan Hafetz -
07/09/2018
Redacted Declaration of Donald J. Guter -
07/09/2018
Redacted Declaration of Noah Bonsey -
07/09/2018
Redacted Declaration of Sara Kayyali -
07/09/2018
Proposed Order
Redacted ϰſ Motion for Preliminary InjunctionDate Filed: 07/09/2018
Court: District Court (D.D.C.)
Redacted ϰſ Memorandum in SupportDate Filed: 07/09/2018
Court: District Court (D.D.C.)
Redacted Supplemental Declaration of Jonathan HafetzDate Filed: 07/09/2018
Court: District Court (D.D.C.)
Redacted Declaration of Donald J. GuterDate Filed: 07/09/2018
Court: District Court (D.D.C.)
Redacted Declaration of Noah BonseyDate Filed: 07/09/2018
Court: District Court (D.D.C.)
Redacted Declaration of Sara KayyaliDate Filed: 07/09/2018
Court: District Court (D.D.C.)
Proposed OrderDate Filed: 07/09/2018
Court: District Court (D.D.C.)
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07/09/2018
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06/22/2018
Gov't Notice of Redacted Filing to Sealed Opposition -
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06/22/2018
Redacted ECF No. 99 -
06/22/2018
Redacted ECF No. 101
Redacted ECF No. 99Date Filed: 06/22/2018
Court: District Court (D.D.C.)
Redacted ECF No. 101Date Filed: 06/22/2018
Court: District Court (D.D.C.)
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06/22/2018
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06/07/2018
Redacted ϰſ Application for Temporary Restraining Order -
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06/07/2018
Redacted ϰſ Memo in Support of Application for TRO -
06/07/2018
Redacted Hafetz Declaration
Redacted ϰſ Memo in Support of Application for TRODate Filed: 06/07/2018
Court: District Court (D.D.C.)
Redacted Hafetz DeclarationDate Filed: 06/07/2018
Court: District Court (D.D.C.)
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06/07/2018
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06/07/2018
Gov't Notice of Filing Redacted Declaration -
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06/07/2018
Redacted Mitchell Declaration
Redacted Mitchell DeclarationDate Filed: 06/07/2018
Court: District Court (D.D.C.)
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06/07/2018
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06/06/2018
Gov't Notice of Intent to Release Detained U.S. Citizen -
06/01/2018
Gov't Notice of Filing Redacted Notice of Security Breach -
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06/01/2018
Redacted Notice of Security Breach -
06/01/2018
First Redacted Declaration -
06/01/2018
Second Redacted Declaration
Redacted Notice of Security BreachDate Filed: 06/01/2018
Court: District Court (D.D.C.)
First Redacted DeclarationDate Filed: 06/01/2018
Court: District Court (D.D.C.)
Second Redacted DeclarationDate Filed: 06/01/2018
Court: District Court (D.D.C.)
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06/01/2018
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04/23/2018
Public Redacted Memorandum Opinion -
04/19/2018
Order Barring Transfer -
04/18/2018
ϰſ's Combined Application for a Temporary Restraining Order and Motion for a Preliminary Injunction (Redacted Public Filing) -
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04/18/2018
Memo in Support of App. for TRO and Mot. for PI
Memo in Support of App. for TRO and Mot. for PIDate Filed: 04/18/2018
Court: District Court (D.D.C.)
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04/18/2018
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04/17/2018
Gov't's Notice of Filing Redacted Declaration Pursuant to April 17, 2018 Order -
03/14/2018
ϰſ Reply to Gov't Response to ϰſ Response to Factual Return -
02/28/2018
Gov't Response to ϰſ's Response to Gov't's Factual Return -
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02/28/2018
Appendix
AppendixDate Filed: 02/28/2018
Court: District Court (D.D.C.)
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02/28/2018
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02/27/2018
ϰſ Notice to the Court Concerning ϰſ's Previous Notice -
02/15/2018
ϰſ Notice of Withdrawal of Gov't's Motion to Unseal -
02/15/2018
ϰſ Notice to the Court Concerning Gov't Sealed Filing -
02/15/2018
ϰſ Notice of Filing Redacted Response to Gov't's Ex Parte Declaration -
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02/15/2018
Redacted Response to Gov't's Ex Parte Declaration
Redacted Response to Gov't's Ex Parte DeclarationDate Filed: 02/15/2018
Court: District Court (D.D.C.)
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02/15/2018
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02/14/2018
Gov't Notice of Filing Redacted Factual Return -
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02/14/2018
Redacted Factual Return -
02/14/2018
Gov't's Notice of Supplemental Exhibit
Redacted Factual ReturnDate Filed: 02/14/2018
Court: District Court (D.D.C.)
Gov't's Notice of Supplemental ExhibitDate Filed: 02/14/2018
Court: District Court (D.D.C.)
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02/14/2018
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02/14/2018
Gov't Notice of Filing Redacted Ex Parte Filing -
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02/14/2018
Redacted Declaration
Redacted DeclarationDate Filed: 02/14/2018
Court: District Court (D.D.C.)
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02/14/2018
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02/09/2018
ϰſ Response to Government’s Factual Return -
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02/09/2018
Appendix to ϰſ's Response to Government's Factual Return
Appendix to ϰſ's Response to Government's Factual ReturnDate Filed: 02/09/2018
Court: District Court (D.D.C.)
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02/09/2018
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02/02/2018
Gov't Notice of Appeal on Transfer Notice Requirement -
01/29/2018
Jan. 29 Order Granting Parties' Proposed Briefing Schedule -
01/23/2018
Opinion on ϰſ's Motion re: Continued Interim Relief -
01/23/2018
Order re: Transfer -
01/22/2018
ϰſ Motion to Unseal Gov't's Jan. 19 Filing and ϰſ's Jan. 22 Filing -
01/18/2018
Order Restricting Transfer of Detainee Until 1/23/18 -
01/12/2018
Order Setting Deadlines for Gov't's Return to Habeas and ϰſ's Reply -
01/18/2018
Transcript of January 18, 2018 Hearing -
01/12/2018
Order Granting ϰſ's Motion for Leave to Continue Under Pseudonym -
01/12/2018
Gov't Response re: Motion to Continue Under Pseudonym -
01/10/2018
ϰſ Motion for Leave to Continue Under Pseudonym -
01/10/2018
ϰſ Reply to Court's Order of Dec. 23, 2017, and Reply to Gov't Opposition to ϰſ's Motion Seeking Continued Interim Relief -
01/08/2018
Gov't Response to ϰſ's Response to Court's Order of Dec. 23, 2017, and Memo in Opposition to ϰſ's Motion Seeking Continued Interim Relief -
01/05/2018
ϰſ Response to Court's Order of Dec. 23, 2017, and Motion re: Continued Interim Relief -
12/23/2017
Order Granting ϰſ Access to Detainee -
12/23/2017
Memorandum Opinion -
12/22/2017
Gov't's Response to ϰſ's Dec. 21, 2017 Filing -
12/21/2017
ϰſ Notice of Filing of Additional Information Pertinent to Emergency Motion for Counsel Access -
03/09/2018
Transcript of December 11, 2017 Hearing -
12/11/2017
Gov't's Addendum Regarding Court's Inquiry -
12/07/2017
ϰſ’s Supplemental Brief -
12/04/2017
Gov't's Supplemental Brief -
12/01/2017
Gov't Response to ϰſ's Proposed Relief -
11/30/2017
ϰſ Response to Gov't's Nov. 30, 5 P.M. Filing -
11/30/2017
Gov't's Response to Nov. 30 Court Order -
11/30/2017
Transcript of November 30, 2017 Hearing -
11/20/2017
ϰſ Motion for Hearing or Status Conference -
11/09/2017
Gov't's Reply in Support of Motion to Dismiss -
11/02/2017
ϰſ's Opposition to Respondent's MTD and Reply in Support of Emergency Motion -
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11/02/2017
Declaration of Gabor Rona -
11/02/2017
Declaration of Belkis Wille
Declaration of Gabor RonaDate Filed: 11/02/2017
Court: District Court (D.D.C.)
Declaration of Belkis WilleDate Filed: 11/02/2017
Court: District Court (D.D.C.)
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11/02/2017
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10/30/2017
Gov't's Motion to Dismiss and Response to 10/19/17 Order -
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10/30/2017
Dalbey Declaration -
10/30/2017
Proposed Order
Dalbey DeclarationDate Filed: 10/30/2017
Court: District Court (D.D.C.)
Proposed OrderDate Filed: 10/30/2017
Court: District Court (D.D.C.)
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10/30/2017
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10/19/2017
Order Granting in Part and Denying in Part ϰſ's Emergency OSC on Counsel Access -
10/12/2017
ϰſ's Emergency OSC on Counsel Access -
10/05/2017
ϰſ's Petition for Writ of Habeas Corpus
Date Filed: 04/08/2019
Court: District Court (D.D.C.)
Date Filed: 11/07/2018
Court: District Court (D.D.C.)
Date Filed: 11/07/2018
Court: District Court (D.D.C.)
Date Filed: 10/24/2018
Court: District Court (D.D.C.)
Date Filed: 10/10/2018
Court: District Court (D.D.C.)
Date Filed: 09/26/2018
Court: District Court (D.D.C.)
Date Filed: 09/12/2018
Court: District Court (D.D.C.)
Date Filed: 08/27/2018
Court: District Court (D.D.C.)
Date Filed: 08/13/2018
Court: District Court (D.D.C.)
Date Filed: 07/30/2018
Court: District Court (D.D.C.)
Date Filed: 07/19/2018
Court: District Court (D.D.C.)
Date Filed: 07/13/2018
Court: District Court (D.D.C.)
Date Filed: 07/11/2018
Court: District Court (D.D.C.)
Date Filed: 07/09/2018
Court: District Court (D.D.C.)
Date Filed: 06/22/2018
Court: District Court (D.D.C.)
Date Filed: 06/07/2018
Court: District Court (D.D.C.)
Date Filed: 06/07/2018
Court: District Court (D.D.C.)
Date Filed: 06/06/2018
Court: District Court (D.D.C.)
Date Filed: 06/01/2018
Court: District Court (D.D.C.)
Date Filed: 04/23/2018
Court: District Court (D.D.C.)
Date Filed: 04/19/2018
Court: District Court (D.D.C.)
Date Filed: 04/18/2018
Court: District Court (D.D.C.)
Date Filed: 04/17/2018
Court: District Court (D.D.C.)
Date Filed: 03/14/2018
Court: District Court (D.D.C.)
Date Filed: 02/28/2018
Court: District Court (D.D.C.)
Date Filed: 02/27/2018
Court: District Court (D.D.C.)
Date Filed: 02/15/2018
Court: District Court (D.D.C.)
Date Filed: 02/15/2018
Court: District Court (D.D.C.)
Date Filed: 02/15/2018
Court: District Court (D.D.C.)
Date Filed: 02/14/2018
Court: District Court (D.D.C.)
Date Filed: 02/14/2018
Court: District Court (D.D.C.)
Date Filed: 02/09/2018
Court: District Court (D.D.C.)
Date Filed: 02/02/2018
Court: District Court (D.D.C.)
Date Filed: 01/29/2018
Court: District Court (D.D.C.)
Date Filed: 01/23/2018
Court: District Court (D.D.C.)
Date Filed: 01/23/2018
Court: District Court (D.D.C.)
Date Filed: 01/22/2018
Court: District Court (D.D.C.)
Date Filed: 01/18/2018
Court: District Court (D.D.C.)
Date Filed: 01/12/2018
Court: District Court (D.D.C.)
Date Filed: 01/18/2018
Court: District Court (D.D.C.)
Date Filed: 01/12/2018
Court: District Court (D.D.C.)
Date Filed: 01/12/2018
Court: District Court (D.D.C.)
Date Filed: 01/10/2018
Court: District Court (D.D.C.)
Date Filed: 01/10/2018
Court: District Court (D.D.C.)
Date Filed: 01/08/2018
Court: District Court (D.D.C.)
Date Filed: 01/05/2018
Court: District Court (D.D.C.)
Date Filed: 12/23/2017
Court: District Court (D.D.C.)
Date Filed: 12/23/2017
Court: District Court (D.D.C.)
Date Filed: 12/22/2017
Court: District Court (D.D.C.)
Date Filed: 12/21/2017
Court: District Court (D.D.C.)
Date Filed: 03/09/2018
Court: District Court (D.D.C.)
Date Filed: 12/11/2017
Court: District Court (D.D.C.)
Date Filed: 12/07/2017
Court: District Court (D.D.C.)
Date Filed: 12/04/2017
Court: District Court (D.D.C.)
Date Filed: 12/01/2017
Court: District Court (D.D.C.)
Date Filed: 11/30/2017
Court: District Court (D.D.C.)
Date Filed: 11/30/2017
Court: District Court (D.D.C.)
Date Filed: 11/30/2017
Court: District Court (D.D.C.)
Date Filed: 11/20/2017
Court: District Court (D.D.C.)
Date Filed: 11/09/2017
Court: District Court (D.D.C.)
Date Filed: 11/02/2017
Court: District Court (D.D.C.)
Date Filed: 10/30/2017
Court: District Court (D.D.C.)
Date Filed: 10/19/2017
Court: District Court (D.D.C.)
Date Filed: 10/12/2017
Court: District Court (D.D.C.)
Date Filed: 10/05/2017
Court: District Court (D.D.C.)
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06/28/2019
Reissued Opinion Barring Transfer -
05/07/2018
Opinion Barring Transfer -
05/07/2018
Judgment -
04/26/2018
ϰſ Redacted Supplemental Response Brief -
04/26/2018
Gov't Redacted Second Supplemental Brief -
04/24/2018
ϰſ Redacted Supplemental Brief -
04/24/2018
Gov't Redacted Supplemental Brief -
04/05/2018
Oral Argument Transcript -
03/16/2018
Gov't Reply Brief -
03/09/2018
ϰſ Redacted Brief on Transfer -
02/16/2018
Gov't Redacted Brief on Transfer -
-
02/16/2018
Appendix
AppendixDate Filed: 02/16/2018
Court: Appeals Court (D.C. Cir.)
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02/16/2018
Date Filed: 06/28/2019
Court: Appeals Court (D.C. Cir.)
Date Filed: 05/07/2018
Court: Appeals Court (D.C. Cir.)
Date Filed: 05/07/2018
Court: Appeals Court (D.C. Cir.)
Date Filed: 04/26/2018
Court: Appeals Court (D.C. Cir.)
Date Filed: 04/26/2018
Court: Appeals Court (D.C. Cir.)
Date Filed: 04/24/2018
Court: Appeals Court (D.C. Cir.)
Date Filed: 04/24/2018
Court: Appeals Court (D.C. Cir.)
Date Filed: 04/05/2018
Court: Appeals Court (D.C. Cir.)
Date Filed: 03/16/2018
Court: Appeals Court (D.C. Cir.)
Date Filed: 03/09/2018
Court: Appeals Court (D.C. Cir.)
Date Filed: 02/16/2018
Court: Appeals Court (D.C. Cir.)
Press Releases
ϰſ Comment on Accusations Against Detained U.S. Citizen
ϰſ Tells Court That U.S. Has No Authority to Hold American Abroad
Judge Requires U.S. to Give ϰſ Notice of Any Transfer of Detained American to Allow a Challenge
American Detained Abroad by U.S. Tells ϰſ He Wants to Challenge His Detention in Court
Judge Orders Government to Grant ϰſ Immediate Access to U.S. Citizen Secretly Detained Abroad
DC Court Hearing Monday in ϰſ Challenge to Detention of American Held by U.S. for Nearly 3 Months