* al-Harbi v. Obama (D.D.C. 6/1/10) (granting habeas to GTMO detainee Ravil Mingazov)
Back in May we learned that Judge Kennedy granted habeas relief to GTMO detainee Ravil Mingazov, a Russian citizen sometimes described in the media as the Russian “dancer” detainee because of his past training in ballet. In any event, the unclassified opinion is now available, and attached to this email. It turns primarily on the question of whether to credit Mingazov’s own inculpatory statements to various interrogators at GTMO. Mingazov argued that he exaggerated his own past conduct and associations in order to avoid being transferred back to Russia, and now recants those statements. Ultimately, Judge Kennedy credits the recantations, and finds that the government without those statements lacks sufficient evidence to support its allegations.
Mingazov – Unclassified Opinion.pdf
By Robert M. Chesney
Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.
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