The DC Cir addressed the attempts of a then-detained USC who wanted to renounce his citizenship after the US invaded Iraq. The DC Cir remanded to the District Court to determine whether the AG still has authority over renunciations; and commented in dicta on the Govt's attempts to avoid mandamus jurisdiction based on the fact that he didn't file an official form (when DOJ has exercised its discretion not to create a form), and on the argument from national security, casting aspersions on both arguments.
KAVANAUGH, Randolph, Williams (concurring in part)
Jennifer Harbury sued on behalf of herself and Efrain Bamaca, alleging individual liability on the part of CIA employees complicit in the torture and death of her husband. The DC found the suit barred by the Political Question Doctrine, as it would require the courts to assess whether the conduct should have occurred. Alternately, it found that the CIA officials were acting in the scope of their employment, so that the FTCA applied; and the FTCA bars suits re actions that occurred abroad (the Court said that her emotional distress was derivative of the actions abroad). Finally, in a footnote, the Court found that if her claim was a TVPA action, if would still be barred by the Political Question Doctrine.
In a Guantanamo case, the D.C. Cir stayed the removal of an individual from Guantanamo to Algeria, where he fears torture. The Court found a substantial possibility that the District Court maintained habeas jurisdiction, and found that the District Court's power under the All Writs Act to enter collateral orders to preserve its jurisdiction would suffice to grant it authority to stay removal to Algeria. Found that in light of gravity of harm feared (torture), Belbacha might be able to meet the standard, remanded to Dist Ct.
D.C. Circuit 
