DHIAB v. TRUMP

No. 16-5011. Consolidated with 16-5012.

852 F.3d 1087 (2017)

Jihad DHIAB, Detainee, Guantanamo Bay Naval Station And Shaker Aamer, as Next Friend of Jihad Dhiab, Appellees v. Donald J. TRUMP, President of the United States, et al., Appellants Hearst Corporation, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 2017.


Attorney(s) appearing for the Case

Catherine H. Dorsey , Attorney, U.S. Department of Justice, argued the cause for respondents-appellants/cross-appellees (US). With her on the briefs were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Matthew M. Collette , Attorney.

David A. Schulz , New York, NY, argued the cause for intervenors-appellees/cross-appellants. With him on the briefs was Matthew L. Schafer , Washington, DC.

Rachel B. Levinson-Waldman was on the brief for amici curiae Brennan Center for Justice and Electronic Frontier Foundation in support of intervenors-appellees.

Hina Shamsi and Arthur B. Spitzer , Washington, DC, were on the brief for amici curiae American Civil Liberties Union of the Nation's Capital and The Reporters Committee for Freedom of The Press in support of intervenors-appellees/cross-appellants.

Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge Williams.


The government's appeal, and the intervenors' cross-appeal, are from the district court's orders releasing video recordings made at the United States Naval Base, Guantanamo Bay, Cuba. The recordings are of military personnel removing a detainee from his cell, transporting...

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