Al-Bihani v. Obama

* Al-Bihani v. Obama (D.C. Cir. May 13, 2010) (govt brief opposing en banc review)

The government has filed a brief opposing en banc review of the Circuit’s Al-Bihani opinion (which confirmed the detainability of the petitioner, confirmed that a preponderance standard of proof is permissible in the GTMO habeas context, and dealt with various other issues). Worth noting, the administration argues that the circuit panel’s opinion was correct except insofar as the panel concluded that international law has no bearing on the scope of the government’s detention authority under the AUMF.

The brief is posted here thanks to SCOTUSblog: http://www.scotusblog.com/wp-content/uploads/2010/05/US-response-re-rehear-Al-Bihani-5-13-10.pdf

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