nationalsecuritylaw Khan v. Obama (D.C. Cir. Sep. 6, 2011) (affirming denial of habeas relief to GTMO detainee)

September 6, 2011

* Khan v. Obama (D.C. Cir. Sep. 6, 2011)

A D.C. Circuit panel (Garland, joined by Sentelle and Ginsburg) has upheld the decision of Judge Bates to deny habeas relief to GTMO detainee Shawali Khan. A link to the decision is here, and a very useful summary of the key issue (involving how to go about assessing the reliability of hearsay statements), is here. Note that the opinion also confirms that detention authority does extend beyond al Qaeda and the Taliban to “associated forces,” and that the government carried its burden of proving that “associated forces” includes Gulbuddin Hekmatyar’s Hezb-e-Islami (“HIG”) organization (which is among the entities fighting against coalition forces in Afghanistan).