United States DC Circuit

Government's petition for rehearing, in case involving eight men detained at the Naval Station at Guantanamo Bay, Cuba, who sought review of the determination by a Combatant Status Review Tribunal that they are "enemy combatants," is denied over claims that: 1) the Detainee Treatment Act does not require that the military turn over all information in any file concerning a detainee to the military tribunal that determines his status as a prisoner of war; 2) the case imposed upon the government a greater obligation to "turn over" exculpatory evidence for a detainee than the Due Process Clauses impose upon prosecutors in criminal trials; and 3) the burden on the government of recreating a record would be so great that it would divert limited resources and sidetrack the intelligence community from performing other critical national security duties during a time of war.

Appellate Information

• Argued 11/20/2008
• Decided 10/03/2007
• Published 10/03/2007

Judges

• Before:  GINSBURG, HENDERSON, and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jennifer R. Cowan argued the cause for petitioners.   With her on the opposition were John B. Missing, Susan Baker Manning, Sabin Willett, and Rheba Rutkowski.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, argued the cause for respondent.   With him on the petition for rehearing were Jonathan F. Cohn, Deputy Assistant Attorney General, and Robert M. Loeb, August E. Flentje, and Henry C. Whitaker, Attorneys.