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UTHMAN v. OBAMA

No. 10-5235.

637 F.3d 400 (2011)

Uthman Abdul Rahim Mohammed UTHMAN, Detainee, Camp Delta, Appellee v. Barack OBAMA, President of the United States, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Dana Kaervsang , Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Ian Heath Gershengorn , Deputy Assistant Attorney General and Douglas N. Letter and Robert M. Loeb , Attorneys, U.S. Department of Justice.

Anthony J. Phillips argued the cause for appellees. With him on the brief were S. William Livingston , Roger A. Ford , and David H. Remes . Brian E. Foster entered an appearance.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

In response to al Qaeda's attacks against the United States on September 11, 2001, Congress passed and President Bush signed the Authorization for Use of Military Force. The AUMF provides:

That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored...

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