Thursday, January 15, 2009

Another Guantanamo Detainee Ordered Released

Judge Richard Leon (D.D.C.) yesterday ordered detainee Mohammed El Gharani released.  This is the second time--both within the last 30 days--that Judge Leon ordered a detainee released for lack of sufficient evidence.  WaPo reports here; Judge Leon's Memorandum Order is here; I posted on Judge Leon's earlier order here.

Gharani's case was before Judge Leon on a habeas petition pursuant to last term's ruling in Boumediene (holding that the privilege of habeas extends to detainees at Guantanamo Bay).

In ruling that the government produced insufficient evidence to continue to detain Gharani, Judge Leon wrote:

The Government's evidence is a mosaic of allegations made up of statements by the petitioner, statements by several of his fellow detainees, and certain classified documents that allegedly establish in greater detail the most likely explanation for, and significance of, petitioner's conduct. . . . 

Much of the government's case consisted of testimony from fellow detainees.  For more, see pages 7 to 11 of the Memorandum Order.

The D.C. District has issued a spate of orders on G-Mo detainees in recent days; check them out here.  I'll post more on them soon.


Executive Authority, Jurisdiction of Federal Courts, News, Separation of Powers, War Powers | Permalink

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