Gov't Urges DC Circ. Not To Revive Ex-Gitmo Prisoner's Suit

By Bryan Koenig (February 12, 2016, 3:48 PM EST) -- The government is urging the D.C. Circuit not to revive a lawsuit from a former Guantanamo Bay prisoner detained as a teenager, arguing that his allegations of torture cannot be brought by "aliens" deemed enemy combatants.

A lower court judge properly found the Military Commissions Act explicitly bars non-habeas suits against the government over the conditions or detainee treatment of an enemy combatant-listed non-citizen, U.S. Department of Justice attorneys said in their brief fighting Mohammed Jawad's efforts to revive his lawsuit alleging he was detained, mistreated and ultimately released on trumped-up charges.

"The district court lacked jurisdiction over the suit 'by...

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