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The Implications of Hamdan II for Bahlul

Raffaela Wakeman
Thursday, October 25, 2012, 11:44 AM

Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of the court's decision in Hamdan II. The three-judge panel in Bahlul is composed of Judges Karen LeCraft Henderson, Judith Rogers, and David Tatel. Here's the text of the order:

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Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of the court's decision in Hamdan II. The three-judge panel in Bahlul is composed of Judges Karen LeCraft Henderson, Judith Rogers, and David Tatel. Here's the text of the order:

It is ORDERED, on the Court’s own motion, that the parties file briefs addressing the effect of the Court’s decision in Hamdan v. United States, No. 11-1257, 2012 WL 4874564 (D.C. Cir. Oct. 16, 2012), on the instant case. Petitioner’s opening brief may not exceed thirty pages and is to be filed by Monday, December 10, 2012, at 4:00 p.m. Respondent’s brief in response may not exceed thirty pages and is to be filed by Wednesday, January 9, 2013, at 4:00 p.m. Petitioner’s reply brief may not exceed fifteen pages and is to be filed by Tuesday, January 22, 2013, at 4:00 p.m.

Readers may recall that the oral argument in Bahlul, which was scheduled for September 10th, was cancelled. At the time, it was presumed to be due to the forthcoming decision in Hamdan.

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Armed Conflict Congress Courts & Litigation Criminal Justice & the Rule of Law Terrorism & Extremism
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Raffaela Wakeman

Raffaela Wakeman

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Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT. Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.

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