BIN ALI JABER v. U.S.

No. 16-5093.

861 F.3d 241 (2017)

Ahmed Salem BIN ALI JABER, personal representative of the Estate of Salem bin Ali Jaber, by his next friend Faisal bin Ali Jaber and Esam Abdullah Abdulmahmoud bin Ali Jaber, personal representative of the Estate of Waleed bin Ali Jaber, by his next friend Faisal bin Ali Jaber, Appellants v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2017.


Attorney(s) appearing for the Case

Jeffrey D. Robinson , pro hac vice, argued the cause for Appellants. With him on the briefs were Eric L. Lewis , Tara J. Plochocki , and Brent Nelson Rushforth , Washington, DC.

Kathleen McClellan , Franklin, TN, and Jesselyn Radack were on the brief for amici curiae Brandon Bryant , Lisa Ling , and Cian Westmoreland in support of Appellants.

Katherine Twomey Allen , Attorney, U.S. Department of Justice, argued the cause for Appellee. With her on the briefs were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Douglas N. Letter and H. Thomas Byron, III , Washington, DC, Attorneys.

Steven D. Schwinn , Chicago, IL, was on the brief for amicus curiae The John Marshall Law School International Human Rights Clinic in support of Appellants.

Mary E. O'Connell , Philadelphia, PA, was on the brief for amici professors Mary Ellen O'Connell and Douglas Cassel in support of Appellants.

Concurring opinion filed by Circuit Judge Brown.


Following the terrorist attacks of September 11, 2001, Congress authorized the President "to use all necessary and appropriate force" against al-Qaeda, the Taliban, and associated forces. See Authorization for Use of Military Force, Pub. L. No. 107-40 § 2(a), 115 Stat. 224 (2001). Since then, the Executive has increasingly...

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