In re: USA

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 (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.