Opinion

Ali Hamza Ahmad al Bahlul v. United States

  • 840 F.3d 757
  • 2016 U.S. App. LEXIS 18852
  • 2016 WL 6122778
Court
Court of Appeals for the D.C. Circuit
Filed
Oct 20, 2016
Status
Published
Author
Henderson
On the bench
Garland, Henderson, Rogers, Tatel, Brown, Griffith, Kavanaugh, Srinivasan, Millett, Pillard, Wilkins
Cited by
29 cases
Authority
More cited than 12.5%

reviewing awards under § 505 for an abuse of discretion, and noting that district courts are given “wide latitude” to make this decision

How later courts described this case

  • reviewing awards under § 505 for an abuse of discretion, and noting that district courts are given “wide latitude” to make this decision
  • “[Boumediene’s] holding, however, was ‘explicitly confined only to the extraterritorial reach of the Suspension Clause,’. . . [a]nd it is settled that certain other constitutional provisions do not protect aliens outside the sovereign United States. See, e.g., Kiyemba v. Obama, 555 F.3d 1022 , 1026 & n.9 (D.C. Cir. 6 2009) (Due Process Clause of Fifth Amendment does not apply to aliens at Guantanamo).” (internal citation omitted) (quoting Rasul, 563 F.3d at 529 )
  • “That holding, however, was ‘explicitly confined [] ‘only’ to the extraterritorial reach of the Suspension Clause,’ and expressly ‘disclaimed any intention to disturb existing law governing the extraterritorial reach of any constitutional provisions, other than the Suspension Clause.’” (quoting Rasul v. Myers, 563 F.3d 527, 529 (D.C. Cir. 2009) (quoting Boumediene, 553 U.S. at 795 , 128 S. Ct. at 2275-76 ))
  • discussing Rome Statute in the context of the crime of conspiracy

Written by the judges who cited it.

The opinion

KAREN LeCRAFT HENDERSON, Circuit Judge,

concurring:

I join the Court’s judgment affirming Bahlul’s conspiracy conviction. I do so for the reasons stated in my dissent in Al Bahlul v. United States, 792 F.3d 1, 27-72 (D.C. Cir. 2015) (since vacated). I incorporate by reference thereto that previously published opinion as my concurrence here.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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