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Dhiab v. Trump

United States Court of Appeals for the District of Columbia Circuit
852 F. 3d 1087 (2017)


Guantánamo guards force-fed prisoner Abu Wa’el (Jihad) Dhiab (defendant) to keep him alive during a hunger strike. The government made video recordings of the process classified as “SECRET” to train military guards how to handle such circumstances. When Dhiab filed a habeas corpus petition to prevent force-feeding, the court ordered the government to give the videos to his attorney, who filed some under seal. Sixteen press organizations asked the court to unseal the recordings, asserting the public had a right to see them under the First Amendment and common law once they became part of the record. The district court ordered the videos unsealed, and the government appealed.

Rule of Law


Holding and Reasoning (Randolph, J.)

Concurrence (Rogers, J.)

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