Catherine O'Hagan Wolfe, the Clerk of Court of the U.S. Court of Appeals for the Second Circuit, has telephoned to advise that the opinion was withdrawn out of a concern that it might disclose information contained in a portion of the appendix on appeal that was submitted under seal. The Second Circuit plans to reissue the decision, as revised to omit any disclosure of information filed under seal, tomorrow morning. The purpose of Ms. Wolfe's telephone call was to ask me to take down this blog's posting of the decision to the internet.
Thursday, October 18, 2007
Coerced confession decision will return on Friday
The case of the missing opinion has been solved. Earlier today I wrote about an interesting constitutional ruling by the Court of Appeals which held that a coerced confession in connection with 9/11 could give rise to a constitutional claim. Shortly after the decision was posted, it was withdrawn without explanation. Other bloggers wrote about the mystery, and the father of legal blogging linked to a PDF of the ruling which someone must have emailed to him. Here is what Howard Bashman reported at the How Appealing blog: