RASUL v. MYERS

Nos. 06-5209, 06-5222.

512 F.3d 644 (2008)

Shafiq RASUL et al., Appellants/Cross-Appellees v. Richard MYERS, Air Force General et al., Appellees/Cross-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2008.


Attorney(s) appearing for the Case

Eric L. Lewis argued the cause for the appellants/cross-appellees. A. Katherine Toomey, Sarah L. Knapp, Elizabeth A. Wilson, Michael Ratner, Jennifer M. Green and Shayana Kadidal were on brief.

Sidney S. Rosdeitcher was on brief for amici curiae National Institute of Military Justice et al. in support of the appellants.

William J. Aceves and Paul Hoffman were on brief for amid curiae International Law. Scholars and Human. Rights Organization in support of the appellants.

Stephen M. Truitt and Michael Rapkin were on brief for amici curiae Counsel for Guantanamo Detainees et al. in support of the appellants.

Jerome A. Hoffman and Christopher C. Lund were on the brief for amid curiae National Association of Evangelicals et al. in support of the cross-appellees.

Jonathan F. Cohn, Deputy Assistant Attorney General, United States Department of Justice, argued the cause for the appellees/cross-appellants. Peter D. Keisler, Assistant Attorney General, Gregory D. Katsas and Jeffrey S. Bucholtz, Principal Deputy Associate Attorneys General, and Robert M. Loeb and Matthew M. Collette, Attorneys, United States Department of Justice, were on brief. R. Craig Lawrence, Assistant United States Attorney, entered an appearance.

Before: HENDERSON, RANDOLPH and BROWN, Circuit Judges.


Opinion for the court filed by Circuit Judge HENDERSON.

Separate concurring opinion filed by Circuit Judge BROWN.

KAREN LECRAFT HENDERSON, Circuit Judge:

Appellants Shafiq Rasul, Asif Iqbal, Rhuhel Ahmed and Jamal Al-Harith (plaintiffs or detainees) sued former Secretary of Defense Donald Rumsfeld (Rumsfeld) and defendant military officers1 (defendants) under the Alien Tort Statute (ATS), 28 U.S.C. § 1350, the Geneva...

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