The full U.S. Court of Appeals for the D.C. Circuit this week declined to adopt a court-wide policy that would give the U.S. Justice Department greater flexibility in incorporating classified opinions in other pending Guantánamo Bay detainee cases.
The nine active judges of the appeals court, voting en banc, unanimously rejected the U.S. Justice Department’s call in June for a general practice that would lessen restrictions on the government’s ability to reference classified appellate opinions and judgments. The appeals court generally produces a redacted, public version of classified opinions.
