In re: USA

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

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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 33 (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.