Now that the “no-fly” trial in Ibrahim v. DHS et al. is over, what’s the verdict?
Because this was a “bench trial” without a jury, Judge Alsup will decide both factual and legal issues. His decision is not expected for weeks or months. There is no requirement for a speedy verdict in a case like this.
Before issuing his decision, Judge Alsup has asked both sides to submit briefs on a variety of legal issues, including which of the various categories of “secret” evidence he should consider and which he should make public. Naturally, the government submitted its own brief on this issue in secret.
The current round of briefing is scheduled to conclude this Friday, December 20, 2013. Unless Judge Alsup asks for additional submissions on some question he thinks requires clarification, the next public activity in the docket will be the issuance of Judge Alsup’s next ruling. That could be either a verdict on the case, or a ruling on some or all of the preliminary matters such as which evidence to consider or make public.
Here are the briefs and orders relating to the issues remaining for Judge Alsup to decide:
- Order Regarding Format of Proposed Findings of Fact and Conclusions of Law After Bench Trial
- Plaintiff’s Response to the Court Regarding Plaintiff’s Daughter
- Order Re: Plaintiff’s Response Re: Plaintiff’s Daughter
- Defendant’s Response to the Court’s Question Regarding Sensitive Security Information
- Plaintiff’s Brief Re: Court’s Question Regarding Sensitive Security Information
- Court’s Request for Submissions Re: SSI Versus Secret Standards
- Plaintiff’s Brief Re: SSI Versus Secret Standards
- Defendants’ Response to the Court’s Inquiry Regarding the Difference Between Sensitive Security Information and Information Subject to the State Secrets Privilege
- Defendants’ Notice Of Filing Classified Proposed Findings of Fact and Conclusions of Law In Camera, Ex Parte
- Court’s Order re Clearance
- Defendants’ Notice of Filing Classified Response to Plaintiff’s Proposed Findings of Fact and Conclusions of Law In Camera, Ex Parte
- Plaintiff’s Response to the Court’s Order re Clearance
- Defendants’ Response to the Court’s Order Requesting Briefing on Access by Opposing Counsel to Classified Information