In re: USA

U.S. Court of Appeals for the D.C. Circuit

In re: USA

Opinion

                 United States Court of Appeals
                            FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                     ____________
No. 25-1009                                                September Term, 2024
                                                           CMCR-AE 955J / AE 956J / AE
                                                                                  957I
                                                      Filed On: January 9, 2025
In re: United States of America,

              Petitioner


       BEFORE:       Millett, Wilkins, and Rao, Circuit Judges

ORDER

       Upon consideration of the petition for writ of mandamus; the emergency motion
for stay, the responses thereto, and the reply; the motion to exceed the word limit; and
the motion to intervene, it is

       ORDERED that the motion to exceed the word limit be granted. The Clerk is
directed to file the lodged response. It is

       FURTHER ORDERED that the motion to intervene be dismissed as moot in light
of the government’s representation that it is not seeking a stay of proceedings with
respect to Ammar al Baluchi. It is

       FURTHER ORDERED that consideration of the motion for stay be consolidated
with consideration of the petition for writ of mandamus. It is

        FURTHER ORDERED that proceedings before the Military Commission
concerning pretrial agreements entered into by Khalid Shaikh Mohammad, Walid bin
‘Attash, and Mustafa al Hawsawi be administratively stayed pending further order of the
court. The purpose of this administrative stay is to allow the court time to receive full
briefing on the mandamus petition, to hear oral argument on an expedited basis, and to
render a decision on the petition and stay motion. The administrative stay should not
be construed in any way as a ruling on the merits of that petition or motion. See D.C.
Circuit Handbook of Practice and Internal Procedures 33 (2024). It is

       FURTHER ORDERED that any responses to the mandamus petition, not to
exceed 7,800 words, be filed by 5:00 p.m. on January 17, 2025. See Fed. R. App. P.
21(b); D.C. Cir. Rule 21(a). Respondents are encouraged to coordinate and, if
possible, to file a joint response. Petitioner may file a reply, not to exceed 3,900 words,
by 5:00 p.m. on January 22, 2025. The parties should also file, by 5:00 p.m. on
January 17, 2025, a joint appendix containing any transcripts and documents cited by
the parties and not already submitted as attachments to the petition. The parties are
                 United States Court of Appeals
                            FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                      ____________
No. 25-1009                                                September Term, 2024

directed to file eight paper copies of the petition, any responses, any reply, and the joint
appendix. The copies must bear the appropriately colored covers. See Fed. R. App. P.
32. The parties will be informed later of the date and time of oral argument.


                                       Per Curiam


                                                         FOR THE COURT:
                                                         Clifton B. Cislak, Clerk

                                                 BY:     /s/
                                                         Daniel J. Reidy
                                                         Deputy Clerk




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Reference

Status
Published