written opinion in Boumediene v. Bush

November 20, 2008

* Judge Leon’s written opinion in Boumediene v. Bush (D.D.C. Nov. 20, 2008)

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv1166-276

Here is a brief overview of the opinion:

Judge Leon framed the question as follows, citing the Case Management Order he previously had issued: had the government presented proof sufficient to establish by a preponderance of the evidence that the detainees were part of or supporting al Qaeda, the Taliban, or associated forces engaged in hostilities against the U.S. or its allies (including persons who committed belligerent acts or who “directly supported” hostilities).

The government argued that all 6 men planned to go to Afghanistan to fight against the US.  It also alleged that one of the men – Belkacem Bensayah – was an al Qaeda member who served a “facilitator” function (i.e., that he recruited fighters and assisted their transit to Afghanistan).  The government did not at this stage still contend that the men had plotted to attack the US embassy in Bosnia, nor that Bensayah was a financier as opposed to a “facilitator”. Read the rest of this entry »


Judge Leon orders release of 5 of 6 detainees in Boumediene

November 20, 2008

* Boumediene v. Bush (D.D.C. Nov. 20, 2008)

In the first habeas rulings on the merits in connection with GTMO, Judge Leon has ordered the release of 5 of the Boumediene petitioners on the grounds of insufficient evidence, while confirming the detainability of a 6th detainee.

Lyle Denniston (SCOTUSblog) has the details below:

Judge orders five detainees freed

Thursday, November 20th, 2008 12:21 pm | Lyle Denniston

U.S. District Judge Richard J. Leon, in the first ruling to carry out the Supreme Court’s June decision on detainees’ rights, ordered the federal government to release five Guantanamo Bay detainees “forthwith.” The judge found, however, that the government had justified the continued imprisonment of a sixth detainee, Belkacem ben Sayah. Read the rest of this entry »