United States v. Abdulmutallab (E.D. Mich. Jan. 6, 2010)

January 6, 2010

* United States v. Abdulmutallab (E.D. Mich. Jan. 6, 2010) (indictment)

The indictment against Abdulmutallab is now out, superseding the criminal complaint.  Nothing unexpected here.  Six counts, including an 18 USC 2332a WMD attempt count bearing a potential life sentence (recall that “WMD” in this statutory context more or less covers explosives generally, not just NRBC attacks) and a raft of aircraft, explosive, and attempted murder offenses with 20- and 30-year maximums.

Details posted in a press release here:

http://www.justice.gov/opa/pr/2010/January/10-nsd-004.html


Al Nadhi v. Obama (D.D.C. Jan. 6, 2010)

January 6, 2010

Judge Kessler has ordered supplemental briefing in this GTMO habeas case, concerning (i) the impact of the Circuit’s decision yesterday in Al Bihani; (ii) the recent (oral) opinion by Judge Hogan denying relief to Al Madhwani  (as you may recall from a prior post on that ruling, Judge Hogan holds among other things that Al Madhwani’s concessions during his CSRT and ARB proceedings were reliable (in contrast to his interrogation statements); and (iii) the specific rules governing what the government must prove Al Nadhi knew and intended about his alleged conduct.

This should be quite interesting, especially if the parties get into the weeds regarding the mens rea elements.  The briefs are due on the 20th of this month.  With luck they’ll be available to the public, and I will circulate them to the list if so.

The two-page order is here:

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2005cv0280-531