Mohammed v. Obama (D.D.C. June 10, 2010)

June 12, 2010

* Mohammed v. Obama (D.D.C. June 10, 2010)

In a 3-page order posted here, Judge Kessler has compelled the live testimony of Ambassador Daniel Fried, the administration’s envoy for negotiations over Guantanamo transfers and releases. Petitioner Mohammed is seeking a judicial order precluding his transfer back to his country of origin, Algeria, on fear of torture grounds, and the government had submitted a declaration from Fried explaining the administration’s belief that the more-likely-than-not standard would not be violated in this instance.

United States v. Abdah (D.D.C.) (Granting habeas relief to a gtmo detainee)

June 12, 2010

[same post as before, but this time with link to the opinion here]

* United States v. Abdah (D.D.C.) (Granting habeas relief to a gtmo detainee)

Judge Kennedy has released an unclassfied version of an opinion granting habeas relief to a gtmo detainee from Yemen who was among a group of men seized by pakistani authorities in 2002. The opinion finds that the government’s evidence against Odaini consists primarily of the circumstance of his presence at the guesthouse where the arrest occurred (on the theory that the guesthouse was solely for use by Abu Zubaydah’s al Qaede-affiliated network), along with his involvement in a religious prosetelyzation organization alleged to have been used by Qaeda, at time, as cover. The court was decidedly unconvinced, however, that Odaini was anything more than the student he claimed to be.

Note that the opinion indicates that the GTMO review task force already had recommended his release, but that prospects for release were then disrupted by the decision to suspend all releases to Yemen that followed the surge in public concern about Yemen in the aftermath of the "underwear" bomb incident. It seems that there had been a stay of habeas proceedings before that decision, but the court lifted the stay afterward. The government tried to make the case for detention at that point rather than concede the writ.

transcript and video for Brookings event with David Kris (AAG for the National Security Division)

June 12, 2010

* Brookings, Law Enforcement as a Counterterrorism Tool: A Conversation with Assistant Attorney General David Kris, head of DOJ’s National Security Division

Well-worth checking out. David’s prepared remarks are attached. C-SPAN has the video here:

Kris Brookings 6-11-10.doc

Kris Brookings 6-11-10.pdf