Suri v. Trump
Case Number: 25-1560
Court: U.S. Court of Appeals for the Fourth Circuit
Client: The Intercept
Background: In March 2025, masked federal immigration agents detained Badar Khan Suri, a Georgetown University scholar living in the United States on a lawful visa, over statements he made against Israel’s war in Gaza. Attorneys for Khan Suri filed a petition — known as a petition for writ of habeas corpus — asking a federal court in Virginia to review whether his detention was legal.
After two months in detention, a federal judge ordered Khan Suri’s release on bail while he awaits the outcome of his petition. The government appealed and asked the U.S. Court of Appeals for the Fourth Circuit to stay the district court’s order releasing Khan Suri.
Despite the public interest in this and other habeas cases, members of the press and public are unable to access any party filings in the case via PACER, the electronic system for federal court records. Instead, under a little-discussed procedural rule, anyone interested in monitoring Khan Suri’s appeal and other fast-moving cases must physically go to the federal courthouse to see documents filed by a party.
On behalf of The Intercept, attorneys from the Reporters Committee for Freedom of the Press filed a motion asking the Fourth Circuit to lift the electronic access restrictions so that existing and future party filings in that court can be viewed by the press and public via PACER. Khan Suri did not oppose the motion, while the government took no position.
From the Motion: “The restrictions on remote electronic access to records in this appeal significantly impede the press and the public’s real-time monitoring of the case,” Reporters Committee attorneys argue in the motion. “Lifting the restrictions … will not only facilitate more accurate and thorough press coverage of these proceedings, but will also vindicate ‘the public’s ability to oversee and monitor the workings of the Judicial Branch.’”
Update: On June 26, 2025, the Fourth Circuit granted The Intercept’s motion to lift the access restrictions.
Filings:
2025-06-24: Unopposed motion by The Intercept Media, Inc. to remove remote access restrictions
2025-06-26: Order granting motion