United States Fourth Circuit

The district court improperly appointed counsel and allowed unmonitored access to a detainee, an alleged enemy combatant during ongoing military operations in Afghanistan, without adequately considering the implications of its actions, and before allowing the U.S. to respond.

Appellate Information

• Argued 06/25/2002
• Decided 07/12/2002
• Published 07/12/2002

Judges

• Before WILKINSON, Chief Judge, and WILKINS and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul D. Clement, Deputy Solicitor General, United States Department of Justice, Washington, DC, for Appellants.  Geremy Charles Kamens, Assistant Federal Public Defender, Norfolk, Virginia, for Appellees.   ON BRIEF:  Paul J. McNulty, United States Attorney, Alice S. Fisher, Deputy Assistant Attorney General, Gregory G. Garre, Assistant to the Solicitor General, Lawrence R. Leonard, Managing Assistant United States Attorney, United States Department of Justice, Washington, D.C., for Appellants.  Frank W. Dunham, Jr., Federal Public Defender, Robert J. Wagner, Assistant Federal Public Defender, Larry W. Shelton, Assistant Federal Public Defender, Norfolk, Virginia, for Appellees.