Salahi v. Obama (D.C. Cir. Nov. 5, 2010) (vacating GTMO habeas grant)

November 5, 2010

* Salahi v. Obama (D.C. Cir. Nov. 5, 2010) (vacating prior grant of habeas to GTMO detainee)

This morning a DC Circuit panel vacated a decision by Judge Robertson granting habeas to Mohammedou Salahi. A link to the opinion, and commentary, are posted here.

One point especially worth noting: this individual was captured in Mauritania, and though he’d been in Afghanistan in the early 1990s he had not been there since. The case thus presents an example of an AUMF-based detention without a direct link to combat operations involving the U.S. presence in Afghanistan. The panel says nothing specific about this issue, to be sure. But, by making clear that detention may turn out on remand to be appropriate in Salahi’s case, the decision seems to implicitly endorse a geographically-flexible reading of detention authority under the AUMF.