Court documents

John Kiriakou Gaurdian

President Obama has been unprecedented in his use of the Espionage Act to prosecute those whose whistleblowing he wants to curtail. The purpose of an Espionage Act prosecution, however, is not to punish a person for spying for the enemy, selling secrets for personal gain (more…)

John Pilger ICH 3/10/10

Adelaide is Australia’s festival city. Its arts festival is currently in swing. Polite debate, aesthetics and high-octane wine are putting the world to rights. With one exception. Adelaide is where Rupert Murdoch began his empire. (more…)

The brief in response to the government brief has now been submitted, Reply Brief of Appellant Dhafir. This is the final brief and we now await a date for oral arguments, most likely they will be some time in the fall.

The Opening Brief was submitted 2/08/08. The Government Response Brief was submitted 4/08/08. For more information about the appeal process see here.

2/07/12 Dr. Dhafir’s sentence remained the same when he was resentenced to 22 years at the district court on Friday, February 3rd, 2012.


10/17/11 We are still awaiting a date for Dr. Dhafir’s resentencing at the district court.


6/07/10 Dr. Dhafir’s petition for certiorari was denied by the Supreme Court.  The case will now go back to Judge Mordue for resentencing.  Please sign the petition to ask Judge Mordue to commute Dr. Dhafir’s sentence to time served.   PLEASE NOTE THERE IS NO NEED TO DONATE TO iPETITIONS WHEN YOU SIGN THE PETITION.


5/03/10 An appeal was submitted to the Supreme Court.  It will likely be in August before we know if the Supreme Court decides to hear the case (it hears only a very small percentage of cases that petition to be heard).


3/24/10 An en banc hearing was denied and the case is currently being appealed to the Supreme Court.  We have also started a petition asking that Dr. Dhafir’s sentence be commuted to time served, and will be collecting signatures until late summer/early fall.  You can sign the petition here (there is no need to donate anything to iPetitions):


8/18/09 Convictions in Dr. Dhafir’s case were affirmed by the Second Circuit Court of Appeals.  However, the case was sent back to Judge Mordue for resentencing.  The decision can be read here Dr. Dhafir’s lawyers will file a petition for an en banc (all the judges on the court of appeals) hearing on the sentencing issue.


Oral arguments in Dr. Dhafir’s appeal were heard on Thursday, August 28th, 2008, at 10 a.m., at the Second Circuit Court of Appeals in New York City

The press release from the appeal hearing is available here.

Katherine’s summary of the appeal hearing is available here.

The Opening Appeal Brief, submitted 2/08/08, is available here (77 pages).
The Government Response Brief, submitted 4/08/08, is available here (105 pages).
The Reply Brief to the Government Brief, submitted 5/14/08, is available here (26 pages).

What is an appeal?:

It’s not a retrial. The appellate court does not decide a defendant’s innocence or guilt, it decides whether the court proceedings were conducted according to the law. The appeal lawyers are limited to the official record of proceedings (more…)