Thursday, June 10, 2010

D.C. Circuit Rejects Guantanamo Habeas Claim

The D.C. Circuit on Tuesday released an opinion rejecting the claims of Adham Mohammed Ali Awad, a Yemeni detainee at Guantanamo Bay who was surrendered to Afghan forces in 2001, and immediately turned over to U.S. forces in Afghanistan, after a two-month allied siege of a hospital occupied by al Qaeda fighters.

The D.C. Circuit ruled in Awad v. Obama that the government satisfied due process by proving its authority to continue to detain Awad with a mere preponderance of the evidence--not requiring the higher standard of clear and convincing evidence, as Awad argued.  The D.C. Circuit wrote that this holding reaffirms its January 2010 ruling in Al-Bihani v. Obama, which followed the plurality decision in Hamdi v. Rumsfeld.  The court also rejected Awad's arguments that the government failed to show that he would continue to pose a threat if released and that he was in the "command structure" of al Qaeda.  The court ruled that under Al-Bihani and the Authorization for Use of Military Force (AUMF), the government need not show either.  Instead, under Al-Bihani the government satisfied its burden by showing continued hostilities, and under the AUMF the government satisfied its burden by showing that Awad was "part of" al Qaeda.


Congressional Authority, Executive Authority, News, Procedural Due Process, Recent Cases, Separation of Powers, War Powers | Permalink

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