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: February 7, 2025
In re: United States of America,

             Petitioner


      BEFORE:       Millett, Wilkins*, and Rao, Circuit Judges

ORDER

      It is ORDERED, on the court’s own motion, that the administrative stay entered
on January 9, 2025, be dissolved. 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 stayed pending the court’s disposition of the
petition for a writ of mandamus. Petitioner has satisfied the stringent requirements for a
stay pending disposition of the petition for a writ of mandamus. See Nken v. Holder,
556 U.S. 418, 434
 (2009); D.C. Circuit Handbook of Practice and Internal Procedures
33 (2024).

                                       Per Curiam


                                                         FOR THE COURT:
                                                         Clifton B. Cislak, Clerk

                                                 BY:     /s/
                                                         Daniel J. Reidy
                                                         Deputy Clerk




* Circuit Judge Wilkins would deny the stay on the ground that the government has not
demonstrated a likelihood of success on the merits.


Reference

Status
Published