In a case defined by extraordinary perseverance and complex jurisdictional obstacles, a former Guantanamo detainee represented by Senior Military Defense Attorney Annie W. Morgan of the Law Offices of David P. Sheldon, PLLC, has taken a major step forward in the effort to secure the full measure of appellate review guaranteed under federal law.
For more than a decade, the client has fought, often against procedural roadblocks not of their own making, to obtain a lawful review of their conviction by the United States Court of Military Commission Review (USCMCR), as required under 10 U.S.C. § 950f(d). Despite years of delay, shifting interpretations of waiver rules, repeated abeyances, and a novel assertion of the fugitive disentitlement doctrine, the client has refused to abandon the pursuit of lawful, congressionally mandated review.
Today’s development underscores one truth: the client’s courage, resilience, and insistence on the rule of law have kept this case alive when institutions failed to act.
A Story of Unusual Persistence in the Face of Systemic Delay
The client’s path to justice has been anything but direct. Though Congress established mandatory appellate review for military commission cases, the procedural history of this matter has been marked by:
- Multiple delays and long periods of abeyance at the USCMCR
- Government-created procedural roadblocks to obtain the record necessary for appeal, requiring mandamus intervention
- A eventual dismissal based on the fugitive disentitlement doctrine, despite the client’s transfer being conducted under a formal diplomatic agreement—not flight, evasion, or refusal to appear and client remaining subject to lawful extradition
At every stage, the client remained steadfast. At every barrier, the client continued to assert the right Congress guarantees.
“This case has always been about ensuring that the Rule of Law is honored,” said Annie Morgan. “Our client has shown extraordinary strength in the face of procedural obstacles that should never have occurred. Their resilience is the reason we are still moving forward. And we will continue to fight until the statutory right to review is finally fulfilled.”
Why This Case Matters
This fight extends well beyond a single appeal. At its core, it speaks to:
- The long-standing brokenness of the military commissions systems;
- The duty of tribunals to exercise the jurisdiction Congress mandates; and
- The fundamental principle that no person, no matter the forum, should lose their rights due to administrative delay or misapplied doctrine.
Congress was explicit:
The USCMCR “shall review the record in each case submitted to it.” (10 U.S.C. § 950f(d)).
When agencies fail to act, the courts must intervene. That is the purpose of mandamus—and the reason this client’s fight continues.
ABOUT THE LAW OFFICES OF DAVID P. SHELDON, PLLC
The Law Offices of David P. Sheldon, PLLC is a premier national practice focused on military law, federal employment, veteran’s rights, and the defense of service members across all uniformed services. Our team litigates before military commissions, federal courts, the Board for Correction of Military Records, the MSPB, and agencies across the United States. We are committed to protecting those who serve.
DISCLAIMER
This press release provides general information regarding ongoing litigation and does not offer legal advice. No confidential client details have been disclosed. Past results do not guarantee future outcomes.
