nationalsecuritylaw Abdul Rezak Ali v. Obama (D.D.C. Jan. 11, 2011) (denying habeas to GTMO detainee)

* Abdul Rezak Ali v. Obama (D.D.C. Jan. 11, 2011)

In a 15-page opinion posted here, Judge Leon has denied habeas relief to another GTMO detainee. In this case, the court concluded that:

– Abu Zubaydah’s organization was an “associated force” connected to al Qaeda and directly engaged in hostilities against the United States, thus coming under the AUMF (citing the Circuit decision in Barhoumi) (Ali did not dispute this point)

– Ali was a member of Zubaydah’s organization (Ali did dispute this point)

– membership was established by evidence showing that:

– Ali was captured along with Zubaydah and others at Zubaydah’s guesthouse in Faisalibad, Pakistan

– Ali had been taking a Zubaydah-provided course in English at that house

– Ali would not have been permitted to live for an extended period in close proximity to Zubaydah and his lieutenants if not part of the group

– Ali had been in Afghanistan (contrary to his denials)

– Ali was listed by a code name as a permanent member of Zubaydah’s group in the al Suri diary (kept by another group member)

– Ali admitted during his initial post-capture interrogation that he had gone to Afghanistan to fight the US and its allies

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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